[2013] KEHC 4509 (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 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 4509 (KLR)
- Parties
- Appellant: Daniel Makanda Kirema; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 398 of 2001
- Procedural Posture
- Criminal Appeal / Ruling on Abandonment of Appeal
- Outcome
- Appeal considered abandoned and file closed.
- Legal Topics
- Abandonment of Appeal, Completion of Sentence, Loss of Interest, Criminal Appeal Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Daniel Makanda Kirema
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Ruling on Abandonment of Appeal
Legal Issues
- 1 Whether the appellant has abandoned his appeal by failing to take further steps.
- 2 Whether the appeal should be dismissed as abandoned.
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 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 considered abandoned and file closed.
Orders
- This appeal is considered abandoned and file closed.
Full Case Text
Judgment text and source record
12 paragraphs
REPUBLIC OF KENYA
High Court at Meru
Criminal Appeal 398 of 2001 [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]
DANIEL MAKANDA KIREMA....................................................APPELLANT
VERSUS
REPUBLIC..............................................................................RESPONDENT
R U L I N G
The Appellant was sentenced to 4 years and 4 strokes in Principal Magistrates Court Meru on 24th April, 2001.
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.