[2015] KECA 17 (KLR)
The Court allowed the informal application for withdrawal of the appeal as it was unopposed by the respondent. The withdrawal was granted pursuant to rule 68(4) of the Court of Appeal Rules, and the appeal was accordingly marked as withdrawn. The court exercised its discretion to permit the withdrawal since there...
Source-derived case information.
- Citation
- [2015] KECA 17 (KLR)
- Parties
- Appellant: Mathew Musina Amendo; Appellant: John Elisha; Respondent: Republic
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 42 of 2013
- Procedural Posture
- Criminal Appeal / Withdrawal of Appeal Before Hearing
- Outcome
- Appeal marked as withdrawn.
- Judges
- DK Musinga
- Legal Topics
- Appeal Withdrawal, Criminal Procedure, Court of Appeal Rules
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mathew Musina Amendo
Appellant
John Elisha
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Withdrawal of Appeal Before Hearing
Legal Issues
- 1 Whether the appellants' application to withdraw the criminal appeal should be granted under the Court of Appeal Rules.
Ratio Decidendi
The Court allowed the informal application for withdrawal of the appeal as it was unopposed by the respondent. The withdrawal was granted pursuant to rule 68(4) of the Court of Appeal Rules, and the appeal was accordingly marked as withdrawn. The court exercised its discretion to permit the withdrawal since there was no objection from the prosecution and no legal impediment to granting the application.
Court Disposition
Appeal marked as withdrawn.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- The appeal is marked as withdrawn under rule 68(4) of the Court of Appeal Rules.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
30 paragraphs
IN THE COURT OF APPEAL
AT KISUMU
(CORAM: MARAGA, MUSINGA & GATEMBU JJ.A)
CRIMINAL APPEAL NO. 42 OF 2013
BETWEEN
MATHEW MUSINA AMENDO........................ FIRST APPELLANT
JOHN ELISHA............................................SECOND APPELLANT
AND
REPUBLIC………………………………………..RESPONDENT
An appeal from a judgment of the High Court of Kenya at Kakamega, (Chitembwe, J.} dated 8th November, 2012
in
H.C.C.R. NO. 48 OF 2009)
*************************
ORDER OF THE COURT
When this appeal came up for hearing this morning, Mr. Athunga, learned counsel for all the appellants, made an informal application for withdrawal of the appeal, which application was not opposed by Mr. Ogoti, Senior Assistant DPP for the respondent.
Consequently, this appeal is hereby marked as withdrawn under rule 68 (4) of this Court's Rules.
DATED at Kisumu this 30th day of June, 2015.
D.K.MARAGA
…………………………..
JUDGE OF APPEAL
……………………………
D. K. MUSINGA
……………………………
JUDGE OF APPEAL
S. GATEMBU KAIRU FCIArb
………………………………….
JUDGE OF APPEAL
I certify that this is
a true copy of original
DEPUTY REGISTRAR