DAVID BUNDI OMWATA vs REPUBLIC [2004] KEHC 1876 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT KISII CRIMINAL APPEAL NO.148 OF 2002(From original conviction and sentence of the Chief Magistrate’s Court at Kisii in Criminal Case No.577 of 2001 –P. OKILE ESQ., R.M)DAVID BUNDI OMWATA ………………………………………….. APPELLANTVERSUSREPUBLIC ………………………………………………………….. RESPONDENT.RULING

The appellant in this case had filed another appeal No.237 of 2002 arising from the same Cr. Case No.557 of 2001 at Keroka Court. That appeal was heard and dismissed by Justice Wambilyangah on 26th September 2002. The court therefore cannot hear the same matter twice. Appeal is dismissed.

KABURU BAUNIJUDGE.

30/7/04