James Owino Oduor v Republic [2018] KEHC 2175 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT SIAYA

CRIMINAL APPEAL NO. 34 OF 2017

(CORAM: R. E. ABURILI - J.)

JAMES OWINO ODUOR.....................APPELLANT

VERSUS

REPUBLIC..........................................RESPONDENT

(Being an Appeal lodged vide HCCRA No. 8/2017 arising from Original Criminal Case No. 222 of 2015 at Ukwala Law Courts, RM’s Court.)

RULING

1. This appeal is similar to Cr. Appeal No. 8/2017 between the same parties and which latter appeal was determined in favour of the Appellant James Owino Oduor on 23/3/2018 by Hon. Majanja J.

2. Accordingly, I order that this appeal being a replica of Cr. Appeal No. 8/2017 the same is hereby struck out being res judicata and the file herein is hereby marked as closed for archiving.

Orders accordingly.

Dated, Signed and Delivered at SIAYA this 20th Day of November 2018.

R.E. ABURILI

JUDGE