Lemmy Owuor Ochieng & Ayub Otieno Were v Republic [2000] KECA 146 (KLR)

REPUBLIC OF KENYA

IN THE COURT OF APPEAL

AT KISUMU

(CORAM: AKIWUMI, TUNOI & KEIWUA, JJ.A.)

CRIMINAL APPEAL NO. 150 OF 2000

BETWEEN

LEMMY OWUOR OCHIENG

AYUB OTIENO WERE ............................ APPELLANT AND   REPUBLIC .......................................... RESPONDENT

(Appeal 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) *************************RULING OF THE COURT

The present appeal against the appellant's conviction on two counts of robbery is hereby marked withdrawn. The appellant be at liberty after taking the right steps to appeal against his conviction for attempted rape which is not now before this court.

Dated and delivered at Kisumu this 20th day of November, 2000. A. M. AKIWUMIJUDGE OF APPEALP. K. TUNOIJUDGE OF APPEALM. KEIWUAJUDGE OF APPEAL I certify that this is a true copy of the original. DEPUTY REGISTRAR