[2023] KEHC 804 (KLR)
The court determined that since the appellant voluntarily sought to withdraw his appeal, and there was no objection from the prosecution, the court was obliged to grant the withdrawal. The court recognized the appellant's right to withdraw the appeal in order to pursue an application for revision, particularly to...
Source-derived case information.
- Citation
- [2023] KEHC 804 (KLR)
- Parties
- Appellant: Chrispas Kiborit Soet; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal E116 of 2021
- Procedural Posture
- Criminal Appeal / Ruling on Oral Application to Withdraw Appeal
- Outcome
- Appeal marked as wholly withdrawn upon oral application by the appellant.
- Judges
- DO Ogembo
- Legal Topics
- Withdrawal of Appeal, Sentence Enhancement Notice, Revision of Sentence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Chrispas Kiborit Soet
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Ruling on Oral Application to Withdraw Appeal
Legal Issues
- 1 Whether the appellant should be permitted to withdraw the criminal appeal in light of the notice to enhance sentence.
- 2 Whether the court should allow the appellant to pursue an application for revision regarding time spent in remand custody.
Ratio Decidendi
The court determined that since the appellant voluntarily sought to withdraw his appeal, and there was no objection from the prosecution, the court was obliged to grant the withdrawal. The court recognized the appellant's right to withdraw the appeal in order to pursue an application for revision, particularly to address the period spent in remand custody. The withdrawal was therefore allowed, and the appeal was marked as wholly withdrawn.
Court Disposition
Appeal marked as wholly withdrawn upon oral application by the appellant.
Orders
- The appeal filed on 4.11.2021 is hereby marked as wholly withdrawn.
Full Case Text
Judgment text and source record
20 paragraphs
Soet v Republic (Criminal Appeal E116 of 2021) [2023] KEHC 804 (KLR) (Crim) (17 February 2023) (Ruling)
Neutral citation: [2023] KEHC 804 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Criminal
Criminal Appeal E116 of 2021
DO Ogembo, J
February 17, 2023
Between
Chrispas Kiborit Soet
Appellant
and
Republic
Respondent
Ruling
1. The applicant, Chrispas Kiborit Soet, first filed this matter as an appeal, Criminal Appeal No E116 of 2021. In the petition of appeal filed on 4. 11. 2021, the applicant challenged the judgment of lower court both on conviction and sentence. Upon the appeal being served on the respondent, both parties filed written submission on the appeal as filed. In addition, the prosecution side (the Respondent), filed and served the appellant with a notice to enhance sentence dated 27. 5.2022.
2. When the matter came up for directions on November 22, 2022, and the applicant having considered the apparent consequences of the notice to enhance sentence, the applicant made an oral application to withdraw the appeal. The applicant expressed to wish to pursue an application for revision so as to have the sentence revised to account for the period he spent in remand custody awaiting determination of his trial.
3. The prosecution did not have any submissions to make on the oral application made by the appellant/applicant.
4. I have considered this oral application of the appellant. If it is the wish of the appellant to have his appeal withdrawn so that he may pursue the intended application for revision, this court cannot refuse to grant the appellant his wish. In the circumstances, I allow the oral application of the appellant. This Appeal filed herein on 4. 11. 2021 is hereby marked as wholly withdrawn. It is so ordered.
HON. D. O. OGEMBOJUDGE14TH FEBRUARY, 2023COURT:RULING READ OUT IN OPEN COURT (ON-LINE) IN PRESENCE OF THE APPELLANT (KAMITI MEDIUM), AND MR. MUTUMA FOR THE STATE.HON. D. O. OGEMBOJUDGE17THFEBRUARY, 2023.