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Court of AppealOtherCriminal Appeal No. 150 of 2000
LEMMY OWUOR OCHIENG & AYUB OTIENO WERE vs REPUBLIC [2000] KECA 146 (KLR)
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·~1 min to read original · ~4 min briefThe bottom line
#Kenya's Court of Appeal allowed two robbery-conviction appeals to be withdrawn while leaving the door open for a separate attempted rape appeal.
What this practically means
#Executive summary
#This is a very brief ruling of the Court of Appeal at Kisumu (Akiwumi, Tunoi and Keiwua, JJ.A.) delivered on 20th November 2000 in Criminal Appeal No. 150 of 2000. The appeal, brought by Lemmy Owuor Ochieng and Ayub Otieno Were against the Republic, arose from a judgment of the High Court of Kenya at Kisumu (Wambiliyangah, J.) dated 12th March 1999 in H.C. Cr. Appeal No. 262 & 263 of 1998. The court did not hear or determine the merits of any ground of appeal. Instead, it recorded that the appeal against the appellants' conviction on two counts of robbery was marked withdrawn. It further ordered that the appellant be at liberty, after taking the right procedural steps, to appeal against a conviction for attempted rape, which was not before the court in the present appeal. No costs order was made, no authority was cited, and no legal principles were articulated. The decision below was neither affirmed, reversed nor varied; the appeal simply did not proceed to determination. The ruling is of limited precedential value, serving chiefly as a procedural record of withdrawal and of the preservation of the appellants' right to challenge the attempted rape conviction through appropriate steps. A minor data-quality issue arises from the ruling's use of the singular 'appellant' despite two named appellants.
Key legal issues
#01
Withdrawal of an appeal against conviction on two counts of robbery
Holding
The court marked the appeal against the robbery convictions as withdrawn, without determining its merits.
Reasoning
The ruling is a brief procedural disposition. The court did not adjudicate the merits of the robbery convictions; it simply recorded the withdrawal of that appeal. It expressly preserved the appellants' ability to pursue, through the correct procedural steps, an appeal against the separate attempted rape conviction, which was not the subject of the present appeal.
p. 2
Legal principles established
#- An appellant may withdraw an appeal against conviction on particular counts while preserving the right to appeal against conviction on other counts not before the court, provided the proper procedural steps are taken.
Court orders
#- 1.The appeal against the appellants' conviction on two counts of robbery is marked withdrawn
- 2.The appellants be at liberty, after taking the right steps, to appeal against the conviction for attempted rape, which is not before the court
- On appeal from
- High Court of Kenya at Kisumu
- H.C. Cr. Appeal No. 262 & 263 of 1998
- Jurisdiction invoked
- Appellate jurisdiction of the Court of Appeal over appeals from the High Court in criminal matters
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "LEMMY OWUOR OCHIENG & AYUB OTIENO WERE vs REPUBLIC [2000] KECA 146 (KLR)", Case Analysis (2000). Criminal Appeal No. 150 of 2000. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2000/146/eng@2000-11-20
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.