[2000] KECA 146 (KLR)

[2000] KECA 146 (KLR)

The Court allowed the withdrawal of the appeal against the conviction on two counts of robbery, as requested by the appellants. The Court clarified that the withdrawal does not affect the appellant's right to pursue an appeal against the conviction for attempted rape, which was not the subject of the current...

Source-derived case information.

Citation
[2000] KECA 146 (KLR)
Parties
Appellant: Lemmy Owuor Ochieng; Appellant: Ayub Otieno Were; Respondent: Republic
Court
Court of Appeal
Court Station
Court of Appeal at Kisumu
Jurisdiction
Kenya
Case Number
Criminal Appeal 150 of 2000
Procedural Posture
Criminal Appeal / Withdrawal of Appeal
Outcome
Appeal marked as withdrawn.
Legal Topics
Robbery, Attempted Rape, Criminal Appeal Procedure
Source Language
en
Criminal Law Robbery Attempted Rape Criminal Appeal Procedure

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Summary, issues, holding and outcome

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Parties

Lemmy Owuor Ochieng

Appellant

Ayub Otieno Were

Appellant

Republic

Respondent

Procedural Posture

Criminal Appeal / Withdrawal of Appeal

Legal Issues

  1. 1 Whether the appeal against conviction on two counts of robbery should proceed.
  2. 2 Whether the appellant retains the right to appeal against conviction for attempted rape.

Ratio Decidendi

The Court allowed the withdrawal of the appeal against the conviction on two counts of robbery, as requested by the appellants. The Court clarified that the withdrawal does not affect the appellant's right to pursue an appeal against the conviction for attempted rape, which was not the subject of the current proceedings. The decision was based on the procedural right of an appellant to withdraw an appeal and the principle that such withdrawal does not bar subsequent appeals on other convictions arising from the same or related proceedings.

Court Disposition

Appeal marked as withdrawn.

Orders

  • The appeal against conviction on two counts of robbery is marked withdrawn.
  • The appellant is at liberty to appeal against his conviction for attempted rape.