[2020] KEHC 7033 (KLR)
The court allowed the appellant's application to withdraw the appeal, noting that the request was made voluntarily and without objection from the prosecution. As a result, the appeal was marked as wholly withdrawn, and the sentence imposed by the trial court remains enforceable. The court emphasized that withdrawal...
Source-derived case information.
- Citation
- [2020] KEHC 7033 (KLR)
- Parties
- Appellant: Dominic Ooko; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 71 of 2018
- Procedural Posture
- Criminal Appeal / Withdrawal of Appeal Before Hearing
- Outcome
- Appeal withdrawn; sentence of trial court to be served; file closed.
- Judges
- RE Aburili
- Legal Topics
- Withdrawal of Appeal, Conviction and Sentence, Criminal Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Dominic Ooko
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Withdrawal of Appeal Before Hearing
Legal Issues
- 1 Whether the appellant's application to withdraw the appeal should be allowed.
- 2 Whether the sentence imposed by the trial court remains enforceable after withdrawal of the appeal.
Ratio Decidendi
The court allowed the appellant's application to withdraw the appeal, noting that the request was made voluntarily and without objection from the prosecution. As a result, the appeal was marked as wholly withdrawn, and the sentence imposed by the trial court remains enforceable. The court emphasized that withdrawal of the appeal restores the legal effect of the original conviction and sentence, and no further appellate proceedings will be entertained in this matter.
Court Disposition
Appeal withdrawn; sentence of trial court to be served; file closed.
Orders
- The appeal is marked as wholly withdrawn.
- The appellant to serve the sentence imposed by the trial court.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT SIAYA
CRIMINAL APPEAL NO. 71 OF 2018
DOMINIC OOKO...................................................APPELLANT
VERSUS
REPUBLIC.............................................................APPELLANT
(Being an appeal against Conviction and Sentence in judgment delivered on 13. 12. 2019
in Ukwala Senior Magistrate’s Court Criminal Case No. 556 of 2018
before Hon. G. Adhiambo - Senior Resident Magistrate.)
RULING
1. On application by the appellant DOMINIC OOKOin person, the appeal herein filed on 20. 12. 2018 against conviction and sentence be and is hereby marked as wholly withdrawn.
2. The Appellant to serve the sentence imposed by the trial court.
3. File closed.
Dated, Signed and Delivered at Siaya this 10th day of February, 2020
R.E. ABURILI
JUDGE
In the presence of:
Mr. Okachi SPPC for the Prosecution
Appellant in person
CA: Brenda and Modestar