[2020] KEHC 4215 (KLR)
The court found that the appellant had made a written application to withdraw his appeal against the sentence for shop breaking and stealing. There being no objection from the respondent, and in accordance with the law and procedure, the court allowed the withdrawal, marked the appeal as withdrawn, and ordered the...
Source-derived case information.
- Citation
- [2020] KEHC 4215 (KLR)
- Parties
- Appellant: Moses Ochieng Owiti; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 14 of 2019
- Procedural Posture
- Criminal Appeal / Ruling on Withdrawal of Appeal
- Outcome
- Appeal withdrawn and file closed.
- Judges
- RE Aburili
- Legal Topics
- Withdrawal of Appeal, Revision of Sentence, Shop Breaking, Stealing
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Moses Ochieng Owiti
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Ruling on Withdrawal of Appeal
Legal Issues
- 1 Whether the appeal should be withdrawn as requested by the appellant.
- 2 Whether the appeal file should be closed following the withdrawal.
Ratio Decidendi
The court found that the appellant had made a written application to withdraw his appeal against the sentence for shop breaking and stealing. There being no objection from the respondent, and in accordance with the law and procedure, the court allowed the withdrawal, marked the appeal as withdrawn, and ordered the appeal file closed.
Court Disposition
Appeal withdrawn and file closed.
Orders
- The appeal is wholly marked as withdrawn from the court.
- The appeal file is hereby marked as closed.
Full Case Text
Judgment text and source record
14 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT SIAYA
CRIMINAL APPEAL 14 OF 2019
MOSES OCHIENG OWITI....APPLICANT/APPELLANT
VERSUS
REPUBLIC.....................................................RESPONDENT
(Being an Application seeking Revision of sentence vide Criminal Case No. 1066 of 2018 at PM’s Court at Bondo dated 21. 2.2019 before Hon. M. Obiero, PM)
RULING
1. On a written application dated 10th July 2020 by the Applicant/Appellant convict Moses Ochieng Owiti, serving a three year prison sentence for shop breaking and stealing, this appeal is wholly marked as withdrawn from the court and the Appeal file is hereby marked as closed.
2. Orders accordingly.
Dated, signed and Delivered at Siaya, this 16th Day of July, 2020.
R.E. ABURILI
JUDGE