ZACKAYO HENRY ANGOYA V. REPUBLIC

IN THE COURT OF APPEAL

AT KISUMU

(CORAM: ONYANGO OTIENO, AZANGALALA and 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 27^th 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 6^th 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 appe…