[2013] KEHC 4376 (KLR)
The court found that the appellant, having filed a petition and grounds of appeal but taken no further steps, and having likely completed his sentence, demonstrated a lack of interest in prosecuting the appeal. The appeal was therefore deemed abandoned and the file ordered closed.
Source-derived case information.
- Citation
- [2013] KEHC 4376 (KLR)
- Parties
- Appellant: Ezra Nkumbuku; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 102 of 1998
- Procedural Posture
- Criminal Appeal / Ruling on Abandonment of Appeal
- Outcome
- Appeal deemed abandoned and file closed.
- Legal Topics
- Abandonment of Appeal, Sentence Completion, Appeal Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Ezra Nkumbuku
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Ruling on Abandonment of Appeal
Legal Issues
- 1 Whether the appellant has prosecuted his appeal or abandoned it.
- 2 Whether the appeal should be dismissed for want of prosecution.
Ratio Decidendi
The court found that the appellant, having filed a petition and grounds of appeal but taken no further steps, and having likely completed his sentence, demonstrated a lack of interest in prosecuting the appeal. The appeal was therefore deemed abandoned and the file ordered closed.
Court Disposition
Appeal deemed 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 102 of 1998 [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]
EZRA NKUMBUKU ………………………………………..… APPELLANT
VERSUS
REPUBLIC…………………………………………………………RESPONDENT
R U L I N G
The Appellant was sentenced to 4 years in Resident Magistrate’s court Tigania on 24th March, 1998.
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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