OWINGOI LEMLE vs REPUBLIC [2003] KEHC 345 (KLR)
- Citation
- [2003] KEHC 345 (KLR)
- Status
- Judgment
- Jurisdiction
- Kenya
- Court
- High Court
- Posture
- Criminal Appeal / Appeal Dismissed
- Case number
- ? 435 of 2001
- Language
- English
More details
- Court
- High Court
- Posture
- Criminal Appeal / Appeal Dismissed
- Case number
- ? 435 of 2001
- Language
- English
On this page
Professional case brief
Research organized from the available case record
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. AmadiRepublic
RespondentAmounts and remedies
- Sentence Imprisonment Months: 12
03
Procedural history
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
Legal principles
- 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An appeal may be withdrawn if the appellant no longer wishes to pursue it, especially after serving the sentence.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
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
High Court
Judgment
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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