[2019] KEHC 713 (KLR)

[2019] KEHC 713 (KLR)

The court allowed the appellant's application to withdraw the consolidated criminal appeals, finding no legal impediment to such withdrawal. The appeals were accordingly marked as withdrawn, and the files closed, as the appellant no longer wished to pursue the challenge against conviction and sentence. The court...

Source-derived case information.

Citation
[2019] KEHC 713 (KLR)
Parties
Appellant: David Otieno Omollo; Respondent: Republic
Court
High Court
Court Station
High Court at Siaya
Jurisdiction
Kenya
Case Number
Criminal Appeal 70 & 71 of 2019
Procedural Posture
Criminal Appeal / Withdrawal of Appeal
Outcome
appeal withdrawn
Judges
RE Aburili
Legal Topics
Appeal Withdrawal, Conviction and Sentence, Criminal Procedure
Source Language
en
Criminal Law Appeal Withdrawal Conviction and Sentence Criminal Procedure

Source-derived case record

Summary, issues, holding and outcome

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Parties

David Otieno Omollo

Appellant

Republic

Respondent

Procedural Posture

Criminal Appeal / Withdrawal of Appeal

Legal Issues

  1. 1 Whether the appellant's application to withdraw the consolidated appeals should be granted.

Ratio Decidendi

The court allowed the appellant's application to withdraw the consolidated criminal appeals, finding no legal impediment to such withdrawal. The appeals were accordingly marked as withdrawn, and the files closed, as the appellant no longer wished to pursue the challenge against conviction and sentence. The court exercised its discretion under the Criminal Procedure Code to permit withdrawal, noting the absence of any objection or exceptional circumstances requiring the court to refuse the application.

Court Disposition

appeal withdrawn

Orders

  • The consolidated appeals in HCRA 70 and 71 of 2019 are marked as withdrawn.
  • The two files are closed.