William Amondi Odiga v Republic [2022] KEHC 2641 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT SIAYA

MISC. CRIMINAL APPLICATION NO. E004 OF 2022

CORAM: HON. R.E. ABURILI, J

WILLIAM AMONDI ODIGA...................................................................APPLICANT

VERSUS

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

(An Application arising from conviction and sentence of the High Court at Siaya

in Criminal Appeal No. 152 of 2017 AND Siaya PM’s Court, Criminal Case No. 107/2014

by Hon. Hazel Wandere, PM delivered on 25/10/2016)

RULING

1.  I have considered the application under Rule 113 of the Court of Appeal Rules seeking to appeal out of time and as a pauper.  The judgment to be impugned was considered in HCRA 152/2016 and the applicant convict herein did file a similar application vide HCR Misc. Application No. 50/2018 which was considered on merit and dismissed on 31/7/2018.

2.  The Application is the same as the one which was dismissed on 31/7/2018.  It is an abuse of court process.  It is hereby dismissed.

3.  File closed.

4.  Orders accordingly.

DATED, SIGNED AND DELIVERED AT SIAYA THIS 27TH DAY OF JANUARY 2022

R.E. ABURILI

JUDGE