[2013] KEHC 5391 (KLR)
The court found that the appellant, having failed to take any further steps in prosecuting his appeal after filing the petition and grounds of appeal, and considering that he must have completed serving his sentence, is deemed to have lost interest in the appeal. Consequently, the appeal is considered abandoned and...
Source-derived case information.
- Citation
- [2013] KEHC 5391 (KLR)
- Parties
- Appellant: Jeremano Samaki; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 49 of 2004
- Procedural Posture
- Criminal Appeal / Ruling on Abandonment of Appeal
- Outcome
- Appeal considered abandoned and file closed.
- Legal Topics
- Criminal Appeal Abandonment, Conviction and Sentence, Appeal Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jeremano Samaki
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Ruling on Abandonment of Appeal
Legal Issues
- 1 Whether the appellant has abandoned his criminal appeal by failing to take further steps after filing the petition.
- 2 Whether the appeal should be dismissed and the file closed due to lack of interest by the appellant.
Ratio Decidendi
The court found that the appellant, having failed to take any further steps in prosecuting his appeal after filing the petition and grounds of appeal, and considering that he must have completed serving his sentence, is deemed to have lost interest in the appeal. Consequently, the appeal is considered abandoned and the file is ordered closed.
Court Disposition
Appeal considered abandoned and file closed.
Orders
- This appeal is considered abandoned and file closed.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
High Court at Meru
Criminal Appeal 49 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][if gte mso 9]><xml>
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JEREMANO SAMAKI……………………………………………… APPELLANT
VERSUS
REPUBLIC…………………………………………………………RESPONDENT
R U L I N G
The Appellant was convicted and sentenced in Principal Magistrate court Tigania on 25th March, 2004 by Mr. Oyugi DM II.
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 31ST DAY OF JANUARY 2013.
LESIIT, J.
JUDGE.