[2013] KEHC 5370 (KLR)
The court found that the appellant, having served the sentence and taken no further steps to prosecute the appeal, is deemed to have lost interest in the matter. Consequently, the appeal is considered abandoned and the file is closed.
Source-derived case information.
- Citation
- [2013] KEHC 5370 (KLR)
- Parties
- Appellant: Dennis Chuchu; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 4 of 2008
- Procedural Posture
- Criminal Appeal / Ruling on Abandonment of Appeal
- Outcome
- Appeal abandoned and file closed.
- Legal Topics
- Abandonment of Appeal, Completion of Sentence
- 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
Dennis Chuchu
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Ruling on Abandonment of Appeal
Legal Issues
- 1 Whether the appeal should proceed when the appellant has served the sentence and taken no further steps in prosecution of the appeal.
Ratio Decidendi
The court found that the appellant, having served the sentence and taken no further steps to prosecute the appeal, is deemed to have lost interest in the matter. Consequently, the appeal is considered abandoned and the file is closed.
Court Disposition
Appeal abandoned and file closed.
Orders
- The appeal is considered abandoned.
- The file is closed.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
High Court at Meru
Criminal Appeal 4 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>
800x600
</xml><![endif][if gte mso 9]><xml>
Normal 0
false false false
EN-GB 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";} </style> <![endif]
DENNIS CHUCHU…………………………………… APPELLANT
VERSUS
REPUBLIC…………………………………………………………RESPONDENT
R U L I N G
The Appellant was sentenced to 3 years imprisonment in Senior Resident Magistrate court Marsabit on 25th September, 2007.
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.