[2013] KEHC 4522 (KLR)
The court found that the appellant, having taken no further steps in prosecuting the 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 4522 (KLR)
- Parties
- Appellant: Dickson Mugambi Kiruja; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 161 of 2008
- 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 in Appeal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Dickson Mugambi Kiruja
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Ruling on Abandonment of Appeal
Legal Issues
- 1 Whether the appeal should be dismissed for want of prosecution due to inaction by the appellant.
- 2 Whether the appellant has lost interest in the appeal after completing the sentence.
Ratio Decidendi
The court found that the appellant, having taken no further steps in prosecuting the 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
- The appeal is considered abandoned.
- The file is closed.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
High Court at Meru
Criminal Appeal 161 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]
DICKSON MUGAMBI KIRUJA………………......…….………..… APPELLANT
VERSUS
REPUBLIC…………………………………………………………RESPONDENT
R U L I N G
The Appellant was sentenced to 2 years in Resident Magistrate’s court Meru on 18. 4.2008.
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 26th DAY OF MARCH, 2013
LESIIT, J.
JUDGE.
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