Kenya Judgment

High Court · High Court at Mombasa

OWINGOI LEMLE vs REPUBLIC [2003] KEHC 345 (KLR)

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Professional case brief

Research organized from the available case record

Source document

01

Holding and result

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.

02

Material facts

Parties

Owingoi Lemle

Appellant Counsel: A.A. Amadi

Republic

Respondent

Amounts and remedies

  • Sentence Imprisonment Months: 12

03

Procedural history

  1. Posture

    Criminal Appeal / Appeal Dismissed

04

Questions and positions

Legal issues

Whether the conviction and sentence for abduction under Section 259 of the Penal Code were proper.

Party arguments

Applicant
The appellant, through counsel, indicated that he has served the sentence and does not wish to proceed with the appeal.
Respondent
No substantive argument was required as the appellant withdrew the appeal.

05

Court’s reasoning

  1. 01

    Criminal Procedure Code (Kenya)

    An appeal may be withdrawn if the appellant no longer wishes to pursue it, especially after serving the sentence.

06

Ratio, limits and disposition

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

  • The appeal is dismissed.

Source and reliance status

High Court

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Judgment reading view

Judgment text

The complete available source text.

Source document

High Court

Judgment

[2003] KEHC 345 (KLR)

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

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Authorities

Authorities used by the court

Cases, legislation, regulations, and constitutional provisions identified in the available record.

Penal Code (Cap 63) Section 259

Legislation

Legislation referenced in the available case record.

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