[2020] KEHC 3915 (KLR)
The court allowed the withdrawal of the appeal upon application by the appellant's counsel, citing want of instructions to proceed. The court found no reason to refuse the withdrawal and accordingly marked the appeal as wholly withdrawn, closing the file.
Source-derived case information.
- Citation
- [2020] KEHC 3915 (KLR)
- Parties
- Appellant: Duncan Yogo Ogola; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 76 of 2019
- Procedural Posture
- Criminal Appeal / Withdrawal Before Hearing
- Outcome
- appeal withdrawn
- Judges
- RE Aburili
- Legal Topics
- Criminal Appeal Withdrawal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Duncan Yogo Ogola
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Withdrawal Before Hearing
Legal Issues
- 1 Whether the appeal should proceed in the absence of instructions from the appellant's counsel.
Ratio Decidendi
The court allowed the withdrawal of the appeal upon application by the appellant's counsel, citing want of instructions to proceed. The court found no reason to refuse the withdrawal and accordingly marked the appeal as wholly withdrawn, closing the file.
Court Disposition
appeal withdrawn
Orders
- The appeal is marked as wholly withdrawn.
- The file is hereby closed.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT SIAYA
CRIMINAL APPEAL NO. 76 OF 2019
DUNCAN YOGO OGOLA..............................................APPELLANT
VERSUS
REPUBLIC....................................................................RESPONDENT
(Being an Appeal against acquittal of the Respondent in Bondo PM’s Court
Criminal Case No. 799 of 2018inthe judgment delivered on 2nd October, 2019
by Hon E.N.Wasike,)
RULING
1. On application by Mr. Okachi Counsel for the appellant, on account of want of instructions to prosecute this appeal, this appeal is hereby marked as wholly withdrawn.
2. File is hereby closed.
3. Orders accordingly.
Dated, signed and Delivered at Siaya this 27th Day of July 2020
R.E. ABURILI
JUDGE