[2013] KEHC 4499 (KLR)
The court found that the appellant, having been sentenced to seven years imprisonment and having filed a petition and grounds of appeal but taken no further steps, is deemed to have lost interest in the appeal. Given the passage of time and the likelihood that the sentence has been served, the appeal is considered...
Source-derived case information.
- Citation
- [2013] KEHC 4499 (KLR)
- Parties
- Appellant: Hussein Dawe; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 70 of 2004
- Procedural Posture
- Criminal Appeal / Ruling on Abandonment of Appeal
- Outcome
- Appeal considered 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
Hussein Dawe
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Ruling on Abandonment of Appeal
Legal Issues
- 1 Whether the appellant has abandoned his appeal by failing to take further steps after filing the petition and grounds of appeal.
- 2 Whether the appeal should be considered abandoned and the file closed.
Ratio Decidendi
The court found that the appellant, having been sentenced to seven years imprisonment and having filed a petition and grounds of appeal but taken no further steps, is deemed to have lost interest in the appeal. Given the passage of time and the likelihood that the sentence has been served, the appeal is considered abandoned. The court exercised its discretion to close the file, as continued pendency would serve no practical purpose and would be an abuse of court process.
Court Disposition
Appeal considered abandoned and file closed.
Orders
- The appeal is considered abandoned.
- The file is closed.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
High Court at Meru
Criminal Appeal 70 of 2004 [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]
HUSSEIN DAWE………….……………………………..…..……. APPELLANT
VERSUS
REPUBLIC…………………………………………………………RESPONDENT
R U L I N G
The Appellant was sentenced to 7 years imprisonment In Senior Resident Magistrate’s court Moyale on 31st May, 2004.
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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