[2013] KEHC 4589 (KLR)
The court found that the appellant, having taken no further steps in prosecuting the appeal and having likely completed his sentence, is deemed to have lost interest in the appeal. Consequently, the appeal is considered abandoned and the file is ordered closed.
Source-derived case information.
- Citation
- [2013] KEHC 4589 (KLR)
- Parties
- Appellant: Charles Lokioongoi; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 121 of 1999
- 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
Charles Lokioongoi
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Ruling on Abandonment of Appeal
Legal Issues
- 1 Whether the appeal should proceed where the appellant has taken no further steps and has likely completed the sentence.
- 2 Whether the appeal is deemed abandoned due to inaction by the appellant.
Ratio Decidendi
The court found that the appellant, having taken no further steps in prosecuting the appeal and having likely completed his sentence, is deemed to have lost interest in the appeal. Consequently, the appeal is considered abandoned and the file is ordered 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 121 of 1999 [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]
CHARLES LOKIOONGOI…………………..……….......………..… APPELLANT
VERSUS
REPUBLIC…………………………………………………………RESPONDENT
R U L I N G
The Appellant was sentenced to 3 years and 6 strokes in Senior Resident Magistrate’s court Isiolo on 13TH July, 1999.
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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