[2003] KEHC 345 (KLR)
The appeal was dismissed because the appellant, having served the sentence, chose not to proceed with the appeal. The court accepted the withdrawal and dismissed the appeal accordingly.
Source-derived case information.
- Citation
- [2003] KEHC 345 (KLR)
- Parties
- Appellant: Owingoi Lemle; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- ? 435 of 2001
- Procedural Posture
- Criminal Appeal / Appeal Dismissed
- Outcome
- appeal dismissed
- Legal Topics
- Abduction, Penal Code Offences, Criminal Sentencing
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Owingoi Lemle
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Appeal Dismissed
Legal Issues
- 1 Whether the conviction and sentence for abduction under Section 259 of the Penal Code were proper.
Ratio Decidendi
The appeal was dismissed because the appellant, having served the sentence, chose not to proceed with the appeal. The court accepted the withdrawal and dismissed the appeal accordingly.
Court Disposition
appeal dismissed
Orders
- The appeal is dismissed.
Full Case Text
Judgment text and source record
14 paragraphs
IN THE HIGH COURT OF KENYA
AT MOMBASA
APPELLATE SIDE
CRIMINAL APPEAL NO.435 OF 2001
(From original conviction and sentence in Criminal Case No.982 of
1998 of the Senior Resident Magistrate’s Court Kwale of 26. 10. 01)
OWINGOI LEMLE …………………………………………. APPELLANT
VERSUS
REPUBLIC ……………………..……………………….. RESPONDENT
J U D G M E N T
Appellant was convicted of Abduction contrary to Section 259 of the Penal Code and sentenced to 12 months imprisonment. He appealed against both conviction and sentence.
Mrs. A.A. Amadi Advocate acting for the appellant has informed the court the appellant has served the sentence and does not wish to continue with this appeal. The same is hereby dismissed.
Dated and delivered this 29th July 2003.
A.G.A. ETYANG JUDGE