[2013] KEHC 4406 (KLR)
The court found that the appellant and his counsel, despite being informed of the hearing date, failed to appear or prosecute the appeal. The absence of the appellant or his advocate without explanation led the court to conclude that the appeal had been abandoned. Consequently, the court ordered the file closed,...
Source-derived case information.
- Citation
- [2013] KEHC 4406 (KLR)
- Parties
- Appellant: David Muriungi M’Arimi; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Case 164 of 2006
- Procedural Posture
- Miscellaneous Case / Ruling on Abandonment of Appeal
- Outcome
- Appeal considered abandoned and file closed.
- Judges
- CJ Kendagor
- Legal Topics
- Appeal Abandonment, Criminal Appeal Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
David Muriungi M’Arimi
Appellant
Republic
Respondent
Procedural Posture
Miscellaneous Case / Ruling on Abandonment of Appeal
Legal Issues
- 1 Whether the appellant has abandoned the appeal by failing to attend the hearing.
Ratio Decidendi
The court found that the appellant and his counsel, despite being informed of the hearing date, failed to appear or prosecute the appeal. The absence of the appellant or his advocate without explanation led the court to conclude that the appeal had been abandoned. Consequently, the court ordered the file closed, effectively disposing of the appeal for want of prosecution.
Court Disposition
Appeal considered abandoned and file closed.
Orders
- The appeal is considered abandoned.
- The file is closed.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
High Court at Meru
Miscellaneous Case 164 of 2006 [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]
DAVID MURIUNGI M’ARIMI....................................................APPELLANT
VERSUS
REPUBLIC.............................................................................RESPONDENT
RULING
Coram Lady Justice J. Lesiit J
C. C. Kirimi/Jane
N/A K. Arithi for applicant served.
COURT
Appellants counsel informed of today’s hearing. He did not come. Appeal considered abandoned. File closed.
SIGNED AND DELIVERED AT MERU THIS 7TH DAY OF FEBRUARY, 2013.
LESIIT, J.
JUDGE
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