[2013] KEHC 5388 (KLR)
The court found that the appellant, having failed to take any further steps in prosecuting his appeal after filing the petition and grounds, and having likely completed serving his sentence, demonstrated a lack of interest in pursuing the appeal. Consequently, the appeal was deemed abandoned and the file ordered...
Source-derived case information.
- Citation
- [2013] KEHC 5388 (KLR)
- Parties
- Appellant: Boniface Muthomi Mugambi; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 65 of 2010
- Procedural Posture
- Criminal Appeal / Ruling on Abandonment of Appeal
- Outcome
- Appeal deemed abandoned and file closed.
- Legal Topics
- Abandonment of Appeal, Completion of Sentence, Appeal Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Boniface Muthomi Mugambi
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Ruling on Abandonment of Appeal
Legal Issues
- 1 Whether the appellant has prosecuted his appeal with due diligence.
- 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 in prosecuting his appeal after filing the petition and grounds, and having likely completed serving his sentence, demonstrated a lack of interest in pursuing the appeal. Consequently, the appeal was deemed abandoned and the file ordered closed.
Court Disposition
Appeal deemed abandoned and file closed.
Orders
- This appeal is considered abandoned and file closed.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
High Court at Meru
Criminal Appeal 65 of 2010 [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][if gte mso 9]><xml>
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BONIFACE MUTHOMI MUGAMBI………………….………… APPELLANT
VERSUS
REPUBLIC……………………………………………………RESPONDENT
R U L I N G
The Appellant was sentenced to 8 years imprisonment in Principal Magistrate court NKUBU on 16th March, 2003.
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 31ST DAY OF JANUARY 2013
LESIIT, J.
JUDGE.