[2013] KEHC 5390 (KLR)
The court found that since the appellant had not taken any further steps in the appeal after the sentence was substituted with probation, and given that the probation period had lapsed, the appeal was deemed abandoned. The file was accordingly closed as the appellant was considered to have lost interest in pursuing...
Source-derived case information.
- Citation
- [2013] KEHC 5390 (KLR)
- Parties
- Appellant: Doreen Kawira; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 50 of 2010
- Procedural Posture
- Criminal Appeal / Ruling on Abandonment of Appeal
- Outcome
- appeal abandoned and file closed
- Legal Topics
- Abandonment of Appeal, Probation Sentence, Imprisonment Term, Appeal Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Doreen Kawira
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Ruling on Abandonment of Appeal
Legal Issues
- 1 Whether the appeal should be considered abandoned due to inaction by the appellant.
- 2 Whether the file should be closed as the appellant has completed the substituted sentence.
Ratio Decidendi
The court found that since the appellant had not taken any further steps in the appeal after the sentence was substituted with probation, and given that the probation period had lapsed, the appeal was deemed abandoned. The file was accordingly closed as the appellant was considered to have lost interest in pursuing the appeal further.
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
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DOREEN KAWIRA………………….……………………..….…… APPELLANT
VERSUS
REPUBLIC………………..………………………………………RESPONDENT
R U L I N G
The Appellant filed the appeal on the 26th March, 2010 through counsel Mr. Mwenda Mwarania Advocate. She had been sentenced to 18 months imprisonment in Resident Magistrate court Nkubu on 18th February, 2010. The learned Hon. Kasango J. set aside the imprisonment term and substituted it with a probation sentence of six months on the 19th August 2010.
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.