[2013] KEHC 4366 (KLR)
The court found that the appellant, having failed to take any further steps in prosecuting his appeal since filing the petition and grounds of appeal, and having likely completed serving the sentence, is deemed to have lost interest in the appeal. The appeal is therefore considered abandoned and the file is ordered...
Source-derived case information.
- Citation
- [2013] KEHC 4366 (KLR)
- Parties
- Appellant: Daudi Ibrahim; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 139 of 2012
- Procedural Posture
- Criminal Appeal / Ruling on Abandonment of Appeal
- Outcome
- Appeal deemed abandoned and file closed.
- Legal Topics
- Abandonment of Appeal, Sentence Completion
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Daudi Ibrahim
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 in prosecuting his appeal since filing the petition and grounds of appeal, and having likely completed serving the sentence, is deemed to have lost interest in the appeal. The appeal is therefore considered abandoned and the file is 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
19 paragraphs
REPUBLIC OF KENYA
High Court at Meru
Criminal Appeal 139 of 2012 [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]
DAUDI IBRAHIM……………...............………………………….….…… APPELLANT
VERSUS
REPUBLIC……………………………………......…………………….RESPONDENT
R U L I N G
The Appellant was sentenced to 5 years in Senior Resident Magistrate’s court Isiolo on 11th January, 1993.
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.
[if gte mso 9]><xml>
800x600
</xml><![endif][if gte mso 9]><xml>
Normal 0
false false false
EN-US X-NONE X-NONE
</xml><![endif][if gte mso 9]><![endif][if gte mso 10]> <style> /* Style Definitions */ table.MsoNormalTable {mso-style-name:"Table Normal"; mso-style-parent:""; font-size:10. 0pt;"Calibri","sans-serif"; mso-bidi-"Times New Roman";} </style> <![endif]