[2013] KEHC 4575 (KLR)
The court found that the appellant, having filed a petition and grounds of appeal but having taken no further steps, and having likely completed his sentence, demonstrated a lack of interest in pursuing the appeal. Consequently, the appeal was deemed abandoned and the file was ordered closed.
Source-derived case information.
- Citation
- [2013] KEHC 4575 (KLR)
- Parties
- Appellant: Ibrahim Hassan Ali; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 107 of 1999
- 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
Ibrahim Hassan Ali
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 dismissed or the file closed due to lack of prosecution.
Ratio Decidendi
The court found that the appellant, having filed a petition and grounds of appeal but having taken no further steps, and having likely completed his sentence, demonstrated a lack of interest in pursuing the appeal. Consequently, the appeal was deemed abandoned and the file was ordered closed.
Court Disposition
Appeal considered abandoned and file closed.
Orders
- This 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 107 of 1999 [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]
IBRAHIM HASSAN ALI…………………..……………….……..… APPELLANT
VERSUS
REPUBLIC…………………………………………………………RESPONDENT
R U L I N G
The Appellant was sentenced to 7 years and 2 strokes in Senior Resident Magistrate’s court Garisa on 23RD December, 1998.
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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