[2013] KEHC 5334 (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 the sentence, demonstrated a lack of interest in pursuing the appeal. Consequently, the appeal was deemed abandoned and the file ordered closed.
Source-derived case information.
- Citation
- [2013] KEHC 5334 (KLR)
- Parties
- Appellant: Charles Ntwiga Borana; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 71 of 2008
- 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 Ntwiga Borana
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 the 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 71 of 2008 [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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CHARLES NTWIGA BORANA………………….………………… APPELLANT
VERSUS
REPUBLIC…………………………………………………………RESPONDENT
R U L I N G
The Appellant was sentenced to 6 year imprisonment in Principal Magistrate court Chuka on 6th March, 2008.
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.