Case ID:162695

Kevin Ouma Oloo & another v Republic [2020] eKLR

Case Metadata

Case Number:

Miscellaneous Criminal Application 20 of 2020

Parties:

Kevin Ouma Oloo & Fredrick Otieno Odindo v Republic

Date Delivered:

21 Jul 2020

Case Class:

Criminal

Court:

High Court at Siaya

Case Action:

Ruling

Judge(s):

Roselyne Ekirapa Aburili

Citation:

Kevin Ouma Oloo & another v Republic [2020] eKLR

Case History:

An Application arising from Original Criminal Case No. 369/2017 at Principal Magistrate’s court, Siaya before Hon. J. Ong’ondo, PM and Judgment delivered vide Criminal Appeal No. 36 of 2018 at Siaya High Court dated 13.11.2019 before Hon. Lady Justice R.E. Aburili - Judge

Court Division:

Criminal

County:

Siaya

History Docket No:

Criminal Case 369/2017

History Magistrate:

on. J. Ong’ondo, PM

History County:

Siaya

Case Outcome:

Application dismissed

Disclaimer:

The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT SIAYA

MISC. CRIMINAL APPLICATION NO. 20 OF 2020

KEVIN OUMA OLOO......................1

ST

APPLICANT

FREDRICK OTIENO ODINDO......2

ND

APPLICANT

VERSUS

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

(An Application arising from Original Criminal Case No. 369/2017 at Principal Magistrate’s court, Siaya before Hon. J. Ong’ondo, PM and Judgment delivered vide Criminal Appeal No. 36 of 2018 at Siaya High Court dated 13.11.2019 before Hon. Lady Justice R.E. Aburili - Judge)

RULING

1. I have considered the application by the applicants

Kevin Ouma Oloo

and

Fredrick Otieno Odindo

who are before Bondo PM’s Court charged with the offence of Robbery with violence contrary to section 296(2) of the Penal Code. IN their application they aver that they are facing a retrial over the same offence that they were acquitted on in the previous trial. As the applicants claim that that they are charged with Count 1 for which they were initially acquitted of, I find that the said Plea of

autrefois acquit

can only be raised before the same court that is trying the applicants.

2. This application is therefore premature and misplaced. It is dismissed.

3. File closed.

4. Dated, signed and Delivered at Siaya, this 21

st

Day of July, 2020

R.E. ABURILI

JUDGE