[2013] KEHC 4570 (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, is considered to have lost interest in the appeal. The appeal is therefore deemed abandoned and the file is closed. The court exercised its discretion to prevent...
Source-derived case information.
- Citation
- [2013] KEHC 4570 (KLR)
- Parties
- Appellant: Festus Kiugu; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 132 of 1993
- Procedural Posture
- Criminal Appeal / Ruling on Abandonment of Appeal
- Outcome
- Appeal deemed abandoned and file closed.
- Legal Topics
- Abandonment of Appeal, Completion of Sentence, Loss of Interest, Criminal Appeal Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Festus Kiugu
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Ruling on Abandonment of Appeal
Legal Issues
- 1 Whether the appeal should proceed when the appellant has taken no further steps and has likely completed the sentence.
- 2 Whether the appeal is deemed abandoned due to inaction by the appellant.
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, is considered to have lost interest in the appeal. The appeal is therefore deemed abandoned and the file is closed. The court exercised its discretion to prevent abuse of process and judicial time by closing files where appellants have not prosecuted their appeals and have likely served their sentences.
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 Appeal 132 of 1993 [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]
FESTUS KIUGU……………………...............…………………..… APPELLANT
VERSUS
REPUBLIC…………………………………………………………RESPONDENT
R U L I N G
The Appellant was sentenced to 4 years imprisonment In Senior Resident Magistrate’s court Chuka on 5th May, 1993.
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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