[2015] KECA 15 (KLR)
The Court of Appeal allowed the withdrawal of the appeal after being satisfied that all appellants wished to withdraw and the respondent had no objection. The court exercised its discretion under Rule 68(4) of the Court of Appeal Rules, marking the appeal as withdrawn accordingly.
Source-derived case information.
- Citation
- [2015] KECA 15 (KLR)
- Parties
- Appellant: Kennedy Kiso; Appellant: Elisha Shikokoti Aluhuyo; Appellant: Silas Kisa Kimtai; Appellant: Isaac Ngeiywa Chebus; Respondent: Republic
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Eldoret
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 317 of 2011
- Procedural Posture
- Criminal Appeal / Withdrawal of Appeal
- Outcome
- appeal withdrawn
- Judges
- DK Musinga
- Legal Topics
- Withdrawal of Appeal, Court of Appeal Rules, Criminal Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kennedy Kiso
Appellant
Elisha Shikokoti Aluhuyo
Appellant
Silas Kisa Kimtai
Appellant
Isaac Ngeiywa Chebus
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Withdrawal of Appeal
Legal Issues
- 1 Whether the appellants' request to withdraw the appeal should be granted under the applicable rules.
Ratio Decidendi
The Court of Appeal allowed the withdrawal of the appeal after being satisfied that all appellants wished to withdraw and the respondent had no objection. The court exercised its discretion under Rule 68(4) of the Court of Appeal Rules, marking the appeal as withdrawn accordingly.
Court Disposition
appeal withdrawn
Orders
- The appeal is marked as withdrawn under rule 68(4) of the Court of Appeal Rules.
Full Case Text
Judgment text and source record
28 paragraphs
IN THE COURT OF APPEAL
AT ELDORET
(CORAM: MARAGA, MUSINGA & MURGOR, JJ.A)
CRIMINAL APPEAL NO. 317 OF 2011
BETWEEN
KENNEDY KISO……………………………………..1ST APPELLANT
ELISHA SHIKOKOTI ALUHUYO……………….2ND APPELLANT
SILAS KISA KIMTAI…………………………………3RD APPELLANT
ISAAC NGEIYWA CHEBUS………………………4TH APPELLANT
AND
REPUBLIC……………………………………………….RESPONDENT
(An Appeal from a Judgment of the High Court of Kenya at Bungoma (Muchelule, J.) dated 14th November, 2011
in
H.C.CR.C. NO. 23 OF 2008)
***********************
ORDER OF THE COURT
Counsel for all the appellants have told the court that each of the appellants wishes to have this appeal withdrawn, to which Mr. Mulati, Principal Prosecution Counsel has no objection.
Consequently, this appeal is marked as withdrawn under rule 68(4) of the Court of Appeal Rules.
Dated at Eldoret this 22nd day of June, 2015.
D.K.MARAGA
JUDGE OF APPEAL
D.K. MUSINGA
JUDGE OF APPEAL
A.K.MURGOR
JUDGE OF APPEAL
I certify that this is
a true copy of the original.
DEPUTY REGISTRAR