[2013] KEHC 4505 (KLR)
The court found that the appellant, having filed a petition and grounds of appeal but taken no further steps, and having likely completed serving his sentence, had lost interest in the appeal. The court exercised its discretion to deem the appeal abandoned and ordered the file closed, as continued pendency would...
Source-derived case information.
- Citation
- [2013] KEHC 4505 (KLR)
- Parties
- Appellant: Hussein Suberu Muchiti; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 386 of 2001
- Procedural Posture
- Criminal Appeal / Ruling on Abandonment of Appeal
- Outcome
- Appeal deemed abandoned and file closed.
- Legal Topics
- Abandonment of Appeal, Sentence Completion, Appeal Dismissal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Hussein Suberu Muchiti
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Ruling on Abandonment of Appeal
Legal Issues
- 1 Whether the appellant has prosecuted his appeal within a reasonable time.
- 2 Whether the appeal should be 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 serving his sentence, had lost interest in the appeal. The court exercised its discretion to deem the appeal abandoned and ordered the file closed, as continued pendency would serve no practical purpose.
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 Meru
Criminal Appeal 386 of 2001 [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 SUBERU MUCHITI…………………..……………..….... APPELLANT
VERSUS
REPUBLIC…………………………………………………………RESPONDENT
R U L I N G
The Appellant was sentenced to 1 year and 4 months in Chief Magistrate’s court Meru on 28th August, 2001.
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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