[2013] KEHC 4573 (KLR)
The court found that the appellant, having failed to take any further steps after filing the petition and grounds of appeal, and having likely completed serving his sentence, is deemed to have lost interest in the appeal. Consequently, the appeal is considered abandoned and the file is closed.
Source-derived case information.
- Citation
- [2013] KEHC 4573 (KLR)
- Parties
- Appellant: Adan Hassan Noor; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 110 of 1998
- Procedural Posture
- Criminal Appeal / Ruling on Abandonment of Appeal
- Outcome
- Appeal deemed abandoned and file closed.
- Legal Topics
- Abandonment of Appeal, Sentence Completion, Appeal Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Adan Hassan Noor
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Ruling on Abandonment of Appeal
Legal Issues
- 1 Whether the appellant has prosecuted his appeal within a reasonable time.
- 2 Whether the appeal should be deemed abandoned due to inaction by the appellant.
Ratio Decidendi
The court found that the appellant, having failed to take any further steps after filing the petition and grounds of appeal, and having likely completed serving his sentence, is deemed to have lost interest in the appeal. Consequently, the appeal is considered abandoned and the file is closed.
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 110 of 1998 [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]
ADAN HASSAN NOOR……………………………........……..…… APPELLANT
VERSUS
REPUBLIC…………………………………………………………RESPONDENT
R U L I N G
The Appellant was sentenced to 5 years and 10 strokes in Senior Resident Magistrate’s court Isiolo on 30th April, 1998.
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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