[2014] KECA 3 (KLR)
The Court allowed the withdrawal of the appeal because the appellant expressly requested withdrawal, and the prosecution did not object. The underlying criminal case that formed the basis of the appeal had already been terminated by mutual consent, rendering the appeal moot. The Court exercised its discretion under...
Source-derived case information.
- Citation
- [2014] KECA 3 (KLR)
- Parties
- Appellant: Zackayo Henry Angoya; Respondent: Republic
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 26 of 2013
- Procedural Posture
- Criminal Appeal / Withdrawal Before Hearing
- Outcome
- Appeal marked as withdrawn.
- Judges
- CA Otieno, S ole Kantai
- Legal Topics
- Appeal Withdrawal, Termination by Consent
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Zackayo Henry Angoya
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Withdrawal Before Hearing
Legal Issues
- 1 Whether the appeal should be withdrawn upon the appellant's request and mutual consent with the prosecution.
Ratio Decidendi
The Court allowed the withdrawal of the appeal because the appellant expressly requested withdrawal, and the prosecution did not object. The underlying criminal case that formed the basis of the appeal had already been terminated by mutual consent, rendering the appeal moot. The Court exercised its discretion under Rule 68 of the Court of Appeal Rules to mark the appeal as withdrawn, as there was no longer a live controversy between the parties.
Court Disposition
Appeal marked as withdrawn.
Orders
- The appeal is marked as withdrawn pursuant to Rule 68 of the Court's Rules.
Full Case Text
Judgment text and source record
25 paragraphs
IN THE COURT OF APPEAL
AT KISUMU
(CORAM: ONYANGO OTIENO, AZANGALALA & KANTAI, and JJ.A.)
CRIMINAL APPEAL NO. 26 OF 2013
BETWEEN
ZACKAYO HENRY ANGOYA...................................APPELLANT
AND
REPUBLIC ................................................RESPONDENT
(An Appeal from a Judgment of the High Court of Kenya at Kisumu
(Chemitei, J.) dated 27th September, 2012
in
H.C.CR.A. NO. 116 OF 2011)
*****************
ORDER OF THE COURT
This appeal was listed for hearing before us this morning. However the appellant is not in Court and there is a letter dated 6th May 2014 addressed to the Deputy Registrar of this Court and which was received on the same date in which the appellant who filed the appeal in person states that he wishes to withdraw the appeal as the case at Maseno, the genesis of the appeal had been terminated by mutual consent between the prosecution and the appellant.
In the circumstances, and as Mr. Abele, the learned Assistant Director of Public Prosecutions does not object, the appeal is marked as withdrawn pursuant to Rule 68 of the Court's Rules.
Dated and Made at Kisumu this 15th day of July, 2014.
J.W.ONYANGO OTIENO
JUDGE OF APPEAL
F.AZANGALALA
JUDGE OF APPEAL
S. ole KANTAI
JUDGE OF APPEAL
I certify that this is a true copy of the original.
DEPUTY REGISTRAR