[2013] KEHC 4582 (KLR)
The court found that the appellant, having filed a petition and grounds of appeal but taken no further steps, and having likely completed his sentence, demonstrated a lack of interest in prosecuting the appeal. The court exercised its discretion to consider the appeal abandoned and ordered the file closed, as there...
Source-derived case information.
- Citation
- [2013] KEHC 4582 (KLR)
- Parties
- Appellant: Abdi Halake Gambache; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 124 of 2005
- Procedural Posture
- Criminal Appeal / Ruling on Abandonment of Appeal
- Outcome
- Appeal deemed abandoned and file closed.
- Legal Topics
- Abandonment of Appeal, Completion of Sentence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Abdi Halake Gambache
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Ruling on Abandonment of Appeal
Legal Issues
- 1 Whether the appeal should be dismissed for want of prosecution and abandonment by the appellant.
Ratio Decidendi
The court found that the appellant, having filed a petition and grounds of appeal but taken no further steps, and having likely completed his sentence, demonstrated a lack of interest in prosecuting the appeal. The court exercised its discretion to consider the appeal abandoned and ordered the file closed, as there was no utility in keeping the matter pending.
Court Disposition
Appeal deemed abandoned and file closed.
Orders
- The appeal is considered abandoned.
- The file is closed.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
High Court at Meru
Criminal Appeal 124 of 2005 [if !mso]> <style> v:* {behavior:url(#default#VML);} o:* {behavior:url(#default#VML);} w:* {behavior:url(#default#VML);} .shape {behavior:url(#default#VML);} </style> <![endif]
ABDI HALAKE GAMBACHE …………….……………………..… APPELLANT
VERSUS
REPUBLIC…………………………………………………………RESPONDENT
R U L I N G
The Appellant was sentenced to 7 years in Senior Resident Magistrate’s court Moyale on 16th October, 2002.
He filed a petition and grounds of Appeal.No further step was taken in the appeal. Appellant must have completed sentence by now. The Appellant is considered to have lost interest in his appeal. This appeal is considered abandoned and file closed.
DATED, SIGNED AND DELIVERED THIS 26th DAY OF MARCH, 2013
LESIIT, J.
JUDGE.
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