[2023] KEHC 3316 (KLR)
The court found that since the applicant had formally written to withdraw his appeal and had already obtained the relief sought (revision of his sentence to probation) through a separate criminal revision application, there was no longer any live issue for determination in the appeal. Accordingly, the court...
Source-derived case information.
- Citation
- [2023] KEHC 3316 (KLR)
- Parties
- Applicant: Chrispine Agunja; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal E054 of 2022
- Procedural Posture
- Criminal Appeal / Withdrawal Ruling
- Outcome
- Appeal marked as wholly withdrawn; file closed.
- Judges
- RE Aburili
- Legal Topics
- Appeal Withdrawal, Sentence Revision, Probation Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Chrispine Agunja
Applicant
Republic
Respondent
Procedural Posture
Criminal Appeal / Withdrawal Ruling
Legal Issues
- 1 Whether the appeal should be marked as withdrawn following the applicant's request.
- 2 Whether the applicant has already benefitted from sentence revision to probation.
Ratio Decidendi
The court found that since the applicant had formally written to withdraw his appeal and had already obtained the relief sought (revision of his sentence to probation) through a separate criminal revision application, there was no longer any live issue for determination in the appeal. Accordingly, the court exercised its discretion to mark the appeal as wholly withdrawn and ordered the file closed, ensuring judicial economy and finality of proceedings.
Court Disposition
Appeal marked as wholly withdrawn; file closed.
Orders
- This appeal is hereby marked as wholly withdrawn.
- This file is hereby closed.
Full Case Text
Judgment text and source record
21 paragraphs
Agunja v Republic (Criminal Appeal E054 of 2022) [2023] KEHC 3316 (KLR) (14 April 2023) (Ruling)
Neutral citation: [2023] KEHC 3316 (KLR)
Republic of Kenya
In the High Court at Kisumu
Criminal Appeal E054 of 2022
RE Aburili, J
April 14, 2023
Between
Chrispine Agunja
Applicant
and
Republic
Respondent
Ruling
1. This appeal is related to HCRA No E053 of 2022 arising from the same case at Winam Senior Principal Magistrate’s Court Criminal Case No E209 of 2022 Republic vs Chrispine Agunja Onyango.
2. The Convict was sentenced to serve two (2) years imprisonment for the offence of Burglary and stealing.
3. High Court Criminal Appeal No E053 of 2022 was filed by his advocate Peres Adoyo while this appeal was filed in person. He also filed for Sentence Revision vide Criminal Revision E080 of 2022 which application was allowed on March 23, 2023 upon his withdrawal of this appeal.
4. As the Convict has written to this court on February 20, 2023 withdrawing his appeal and he has already benefitted from Revision of his prison term to Probation vide Criminal Revision E080 of 2022, this appeal is hereby marked as wholly withdrawn.
5. This file is hereby closed.
6. I so order.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 14TH DAY OF APRIL, 2023R. E. ABURILIJUDGE