[2013] KEHC 4374 (KLR)
The court found that the appellant, having filed a petition and grounds of appeal but taken no further steps, and having likely completed the sentence, had lost interest in the appeal. The appeal was therefore considered abandoned and the file ordered closed.
Source-derived case information.
- Citation
- [2013] KEHC 4374 (KLR)
- Parties
- Appellant: Fatuma Ibrahim Urur; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 102 of 1999
- Procedural Posture
- Criminal Appeal / Ruling on Abandonment of Appeal
- Outcome
- Appeal deemed abandoned and file closed.
- Legal Topics
- Appeal Abandonment, Sentence Completion
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Fatuma Ibrahim Urur
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Ruling on Abandonment of Appeal
Legal Issues
- 1 Whether the appellant has prosecuted the 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 the sentence, had lost interest in the appeal. The appeal was therefore considered abandoned and the file ordered closed.
Court Disposition
Appeal deemed abandoned and 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 Case 102 of 1999 [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]
FATUMA IBRAHIM URUR ……..............……………………..….… APPELLANT
VERSUS
REPUBLIC…………………………………………………………RESPONDENT
R U L I N G
The Appellant was sentenced to 2 years in Resident Magistrates Court Mandela on 26th January, 1999.
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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