[2013] KEHC 4539 (KLR)
The court found that the appellant, having filed a petition and grounds of appeal but taking no further steps, and having likely completed his sentence, is deemed to have lost interest in the appeal. The appeal is therefore considered abandoned and the file is closed.
Source-derived case information.
- Citation
- [2013] KEHC 4539 (KLR)
- Parties
- Appellant: Douglas Thuranira; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 158 of 2006
- Procedural Posture
- Criminal Appeal / Ruling on Abandonment of Appeal
- Outcome
- Appeal dismissed as abandoned; file closed.
- Legal Topics
- Abandonment of Appeal, Sentence Completion
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Douglas Thuranira
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Ruling on Abandonment of Appeal
Legal Issues
- 1 Whether the appellant has abandoned his appeal by failing to take further steps.
- 2 Whether the appeal should be dismissed as abandoned.
Ratio Decidendi
The court found that the appellant, having filed a petition and grounds of appeal but taking no further steps, and having likely completed his sentence, is deemed to have lost interest in the appeal. The appeal is therefore considered abandoned and the file is closed.
Court Disposition
Appeal dismissed as abandoned; file closed.
Orders
- The appeal is considered abandoned and the file is closed.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
High Court at Meru
Criminal Appeal 158 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]
DOUGLAS THURANIRA…………………….…………………..… APPELLANT
VERSUS
REPUBLIC…………………………………………………………RESPONDENT
R U L I N G
The Appellant was sentenced to 6 years Chief Magistrate’s court Meru on 31. 3.2006.
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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