Zackayo Henry Angoya v Republic [2014] KECA 3 (KLR)

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 Abele, the learned Assistant  Director of Public Prosecutions does not object, the appeal is marked as withdrawn pursuant to Rule 68 of the Court's Rules.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