[2013] KEHC 4319 (KLR)
The court found that the appellant, having failed to take any further steps in prosecuting the appeal and having likely completed serving the sentence, is deemed to have lost interest in the appeal. Consequently, the appeal is considered abandoned and the file is ordered closed.
Source-derived case information.
- Citation
- [2013] KEHC 4319 (KLR)
- Parties
- Appellant: Edith Gacheri; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 105 of 2004
- Procedural Posture
- Criminal Appeal / Ruling on Abandonment of Appeal
- Outcome
- Appeal abandoned and 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
Edith Gacheri
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Ruling on Abandonment of Appeal
Legal Issues
- 1 Whether the appellant has abandoned the appeal by failing to take further steps.
- 2 Whether the appeal should be dismissed and the file closed due to lack of prosecution.
Ratio Decidendi
The court found that the appellant, having failed to take any further steps in prosecuting the appeal and having likely completed serving the sentence, is deemed to have lost interest in the appeal. Consequently, the appeal is considered abandoned and the file is ordered closed.
Court Disposition
Appeal abandoned and file closed.
Orders
- This appeal is considered abandoned and file closed.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
High Court at Meru
Criminal Appeal 105 of 2004 [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]
EDITH GACHERI………….………………...........……..……….…. APPELLANT
VERSUS
REPUBLIC…………………………………………………………RESPONDENT
R U L I N G
The Appellant was sentenced to 2 years imprisonment In Senior Resident Magistrate’s court Chuka on 27th February, 2004.
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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