[2013] KEHC 4478 (KLR)
The court found that the appellant, having failed to take any further steps in prosecuting his appeal after filing the petition and grounds of appeal, and having likely completed serving his sentence, is deemed to have lost interest in the appeal. Consequently, the appeal is considered abandoned and the file is...
Source-derived case information.
- Citation
- [2013] KEHC 4478 (KLR)
- Parties
- Appellant: Hassan Ali Api; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Embu
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 97 of 2005
- 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
- english
Source-derived case record
Summary, issues, holding and outcome
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Parties
Hassan Ali Api
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Ruling on Abandonment of Appeal
Legal Issues
- 1 Whether the appellant has abandoned his criminal appeal by failing to take further steps.
- 2 Whether the appeal should be dismissed and the file closed due to inaction.
Ratio Decidendi
The court found that the appellant, having failed to take any further steps in prosecuting his appeal after filing the petition and grounds of appeal, and having likely completed serving his 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 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 Embu
Criminal Appeal 97 of 2005 [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]
HASSAN ALI API …………………………………… APPELLANT
VERSUS
REPUBLIC…………………………………………………………RESPONDENT
R U L I N G
The Appellant was sentenced to 6 and ½ years in Resident Magistrate’s court Moyale on 25th May, 2005.
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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