[2025] KEHC 203 (KLR)
The court found that the appellant had filed a notice of withdrawal of the appeal, and since the respondent did not oppose the application, there was no reason to proceed with the appeal. The court accordingly marked the appeal as withdrawn, in line with the procedural rules allowing voluntary withdrawal of appeals.
Source-derived case information.
- Citation
- [2025] KEHC 203 (KLR)
- Parties
- Appellant: Alphonce Maghanga; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kibera
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 146 of 2024
- Procedural Posture
- Criminal Appeal / Withdrawal Ruling
- Outcome
- appeal withdrawn
- Judges
- DR Kavedza
- Legal Topics
- Appeal Withdrawal, Conviction Challenge, Sentence Challenge
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Alphonce Maghanga
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Withdrawal Ruling
Legal Issues
- 1 Whether the appeal should be marked as withdrawn upon the appellant's notice of withdrawal.
Ratio Decidendi
The court found that the appellant had filed a notice of withdrawal of the appeal, and since the respondent did not oppose the application, there was no reason to proceed with the appeal. The court accordingly marked the appeal as withdrawn, in line with the procedural rules allowing voluntary withdrawal of appeals.
Court Disposition
appeal withdrawn
Orders
- The appeal is marked as withdrawn.
Full Case Text
Judgment text and source record
18 paragraphs
Maghanga v Republic (Criminal Appeal 146 of 2024) [2025] KEHC 203 (KLR) (21 January 2025) (Ruling)
Neutral citation: [2025] KEHC 203 (KLR)
Republic of Kenya
In the High Court at Kibera
Criminal Appeal 146 of 2024
DR Kavedza, J
January 21, 2025
Between
Alphonce Maghanga
Appellant
and
Republic
Respondent
Ruling
1. The appellant filed the present appeal challenging the conviction and sentence of the trial court. Directions were issued by this court, and the matter was set down for hearing.
2. The appellant filed a notice of withdrawal dated 18th December 2024. The prayer for withdrawal of the appeal was not opposed.
3. For the foregoing reasons, this appeal is marked as withdrawn.Orders accordingly.
RULING DATED AND DELIVERED VIRTUALLY THIS 21ST JANUARY 2025. .........................D. KAVEDZAJUDGE