[2013] KEHC 4551 (KLR)
The court found that the appellant, having filed a petition and grounds of appeal but taken no further steps, 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 closed.
Source-derived case information.
- Citation
- [2013] KEHC 4551 (KLR)
- Parties
- Appellant: Jack Odhiambo Juma; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 161 of 2007
- Procedural Posture
- Criminal Appeal / Ruling on Abandonment of Appeal
- Outcome
- Appeal abandoned and file closed.
- Legal Topics
- Abandonment of Appeal, Completion of Sentence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jack Odhiambo Juma
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Ruling on Abandonment of Appeal
Legal Issues
- 1 Whether the appeal should proceed where the appellant has taken no further steps and has likely completed sentence.
- 2 Whether the appeal is 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 his sentence, is deemed to have lost interest in the appeal. The appeal is therefore considered abandoned and the file is closed.
Court Disposition
Appeal abandoned and file closed.
Orders
- The appeal is considered abandoned.
- The file is closed.
Full Case Text
Judgment text and source record
12 paragraphs
REPUBLIC OF KENYA
High Court at Meru
Criminal Appeal 161 of 2007 [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]
JACK ODHIAMBO JUMA…………………………….…...........… APPELLANT
VERSUS
REPUBLIC…………………………………………………………RESPONDENT
R U L I N G
The Appellant was sentenced to 2 years In Chief Magistrate’s court Meru on 20th August, 2007.
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.
J