[2013] KEHC 4503 (KLR)
The court found that the appellant, having filed a petition and grounds of appeal but having taken no further steps since 1999, and having likely completed his sentence, is deemed to have lost interest in the appeal. The appeal is therefore considered abandoned and the file is ordered closed. The court exercised its...
Source-derived case information.
- Citation
- [2013] KEHC 4503 (KLR)
- Parties
- Appellant: Ibrahim Hirbo Gayee; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 47 of 2005
- Procedural Posture
- Criminal Appeal / Ruling on Abandonment of Appeal
- Outcome
- Appeal considered abandoned and file closed.
- Legal Topics
- Abandonment of Appeal, Completion of Sentence, Loss of Interest, Criminal Appeal Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Ibrahim Hirbo Gayee
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 filed a petition and grounds of appeal but having taken no further steps since 1999, and having likely completed his sentence, is deemed to have lost interest in the appeal. The appeal is therefore considered abandoned and the file is ordered closed. The court exercised its discretion to prevent abuse of process and to ensure finality in litigation.
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 47 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]
IBRAHIM HIRBO GAYEE ………………………………………… APPELLANT
VERSUS
REPUBLIC…………………………………………………………RESPONDENT
R U L I N G
The Appellant was sentenced to 11 years in Resident Magistrate’s court Marsabit on 2nd November 1999.
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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