[2018] KEHC 3009 (KLR)
The court found that since the appellant had already served his prison sentence and had not appeared in court to pursue the appeal, there was no longer any live issue for determination. Consequently, the previous order was reviewed and vacated, and the appeal was marked as spent. The file was ordered closed for...
Source-derived case information.
- Citation
- [2018] KEHC 3009 (KLR)
- Parties
- Appellant: Geoffrey Ouma Orieny; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 22 of 2018
- Procedural Posture
- Criminal Appeal / Ruling on Appeal Status
- Outcome
- Appeal marked as spent; file closed.
- Judges
- RE Aburili
- Legal Topics
- Appeal Dismissal, Sentence Served, Criminal Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Geoffrey Ouma Orieny
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Ruling on Appeal Status
Legal Issues
- 1 Whether the appeal should proceed where the appellant has served the sentence and has not appeared to pursue the appeal.
Ratio Decidendi
The court found that since the appellant had already served his prison sentence and had not appeared in court to pursue the appeal, there was no longer any live issue for determination. Consequently, the previous order was reviewed and vacated, and the appeal was marked as spent. The file was ordered closed for archiving, as the matter had become moot.
Court Disposition
Appeal marked as spent; file closed.
Orders
- Order of 2nd October 2018 reviewed and vacated.
- Appeal marked as spent.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT SIAYA
HC. CRIMINAL APPEAL NO. 22 OF 2018
(CORAM: R. E. ABURILI - J.)
GEOFFREY OUMA ORIENY.....................APPELLANT
VERSUS
REPUBLIC.................................................RESPONDENT
(Being an appeal against the sentence dated 02. 02. 2018 in
CriminalCase No. 16 of 2017 in BONDO Law Court
before Hon. E.N. Wasike - SRM)
RULING
I note that the Appellant, Geoffrey Ouma Orieny in this Appeal which I had set for hearing on 5/11/2018 served his prison term sentence and was released on 2nd February 2018. He has never appeared in Court to pursue his Appeal.
In the premises, the Order of 2nd October 2018 is hereby reviewed and vacated. The appeal is hereby marked as SPENT. File closed for archiving.
Dated, Signed and Delivered at SIAYA this 9th Day of October 2018.
R.E. ABURILI
JUDGE
In the presence of:
Mr. Okach: Prosecution Counsel for the State
Court Assistant: Brenda, Modestar