Obonyo v Republic [2022] KEHC 379 (KLR)

Obonyo v Republic (Criminal Appeal 54 of 2019) [2022] KEHC 379 (KLR) (21 April 2022) (Ruling)

Neutral citation: [2022] KEHC 379 (KLR)

Republic of Kenya

In the High Court at Siaya

Criminal Appeal 54 of 2019

RE Aburili, J

April 21, 2022

Between

Richard Onyango Obonyo

Appellant

and

Republic

Respondent

(An Appeal arising from Judgment, Conviction and sentence in PM’s Bondo Criminal Case (SO) No. 63 of 2018 and Siaya HCRA No. 53/2019)

Ruling

1. This appeal is similar is HCRA 53/2019 where the appellants therein are Dan Otieno Okoth, Richard Odongo Abonyo and Dennis Odhiambo Okello. The appeals arise from Sexual Offence Case No. 63/2018 at Bondo PM’s court.

2. The Appellant herein filed this appeal singularly after jointly filing HCRA 53/2019. The latter appeal was consolidated with this appeal. The said appeal was however determined on 19/2/2020 with an order for a retrial.

3. Although, the two appeals were consolidated, the Registry in their case audit have traced this appeal as pending yet it was admitted to hearing on 31/10/2019.

4. For reasons that there was duplication of the appeals by the same appellant in HCRA 53/2019, which appeals were consolidated on 25/11/2011 and determined, this file is hereby officially closed.

5. Orders accordingly.

DATED, SIGNED AND DELIVERED AT SIAYA THIS 21ST DAY OF APRIL, 2022R.E. ABURILIJUDGE