[2019] KEHC 460 (KLR)

[2019] KEHC 460 (KLR)

The court allowed the appellant's application to withdraw the appeal, noting that there was no cross-appeal by the respondent. Consequently, the appeal against both conviction and sentence was marked as wholly withdrawn. The effect of this withdrawal is that the conviction and sentence imposed by the trial court...

Source-derived case information.

Citation
[2019] KEHC 460 (KLR)
Parties
Appellant: Samson Owiti Ochieng; Respondent: Republic
Court
High Court
Court Station
High Court at Siaya
Jurisdiction
Kenya
Case Number
Criminal Appeal 70 of 2018
Procedural Posture
Criminal Appeal / Ruling on Withdrawal of Appeal
Outcome
appeal withdrawn; conviction and sentence upheld
Judges
RE Aburili
Legal Topics
Appeal Withdrawal, Conviction and Sentence, Criminal Procedure
Source Language
en
Criminal Law Appeal Withdrawal Conviction and Sentence Criminal Procedure

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Summary, issues, holding and outcome

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Parties

Samson Owiti Ochieng

Appellant

Republic

Respondent

Procedural Posture

Criminal Appeal / Ruling on Withdrawal of Appeal

Legal Issues

  1. 1 Whether the appellant's application to withdraw the appeal should be granted.
  2. 2 Whether there is any cross-appeal by the respondent.

Ratio Decidendi

The court allowed the appellant's application to withdraw the appeal, noting that there was no cross-appeal by the respondent. Consequently, the appeal against both conviction and sentence was marked as wholly withdrawn. The effect of this withdrawal is that the conviction and sentence imposed by the trial court remain undisturbed, and the appellant is to serve the full sentence as originally meted out. The court thus closed the file and issued orders accordingly.

Court Disposition

appeal withdrawn; conviction and sentence upheld

Orders

  • The appeal against both conviction and sentence is marked as wholly withdrawn.
  • The appellant to serve full sentence meted out.