[2019] KEHC 2303 (KLR)
The court accepted the appellant's unequivocal request to withdraw the appeal against conviction and sentence, noting that the prosecution did not object. The court warned the appellant of the risk of sentence enhancement if the appeal proceeded and found the withdrawal to be voluntary. Consequently, the appeal was...
Source-derived case information.
- Citation
- [2019] KEHC 2303 (KLR)
- Parties
- Appellant: Joseph Omutere Maloba alias Peter; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 1 of 2019
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- appeal withdrawn; original conviction and sentence to stand
- Judges
- RE Aburili
- Legal Topics
- Manslaughter, Withdrawal of Appeal, Conviction and Sentence, Sentence Enforcement
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Joseph Omutere Maloba alias Peter
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the appellant's withdrawal of the appeal against conviction and sentence should be allowed.
- 2 Whether the appellant should continue to serve the original sentence imposed by the trial court.
Ratio Decidendi
The court accepted the appellant's unequivocal request to withdraw the appeal against conviction and sentence, noting that the prosecution did not object. The court warned the appellant of the risk of sentence enhancement if the appeal proceeded and found the withdrawal to be voluntary. Consequently, the appeal was marked as wholly withdrawn, and the appellant was ordered to serve the original 10-year prison sentence imposed by the trial court, subject to remission for good conduct as determined by prison authorities.
Court Disposition
appeal withdrawn; original conviction and sentence to stand
Orders
- The appeal against conviction and sentence is marked as wholly withdrawn.
- The appellant to serve the 10 years prison sentence imposed on him.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT SIAYA
CRIMINAL APPEAL NO. 1 OF 2019 [MANSLAUGHTER]
JOSEPH OMUTERE MALOBA alias PETER.......................APPELLANT
VERSUS
REPUBLIC...............................................................................RESPONDENT
(From Original Conviction and Sentence in Siaya PM Cr C [S.O.] 510 of 2014
dated 22. 5.2015 before Hon. H. Wandere – P.M.)
JUDGMENT
1. This appeal was part heard orally after the Court had warned the appellant that he risked enhancement of sentence should the court find that the conviction was sound. The appellant however insisted and proceeded with the oral submissions and later intimated to Court that he wished to withdraw the appeal against conviction and sentence. The Prosecution had no objection to such withdrawal.
2. Accordingly, this appeal against conviction and sentence is hereby marked as wholly withdrawn and the Appellant to serve the 10 years Prison sentence imposed on him. Subject to his good character and conduct and industry in prison, he may earn remission from the prison authorities.
3. File Closed.
4. Orders accordingly.
Dated, signed and delivered at Siaya this 13th Day of November, 2019.
R.E. ABURILI
JUDGE
In the presence of:
The appellant in person
Mr. Okachi Snr Principal Prosecution Counsel for the Sate
CA: Brenda and Modestar