[2013] KEHC 1310 (KLR)
The court found that since the appellant had completed his sentence and was absent from court, it was reasonable to infer that he was no longer interested in pursuing the appeal. On the application of the state counsel, the court exercised its discretion to mark the appeal as abandoned and ordered the file closed.
Source-derived case information.
- Citation
- [2013] KEHC 1310 (KLR)
- Parties
- Appellant: Joseph Wambugu Wakine; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kerugoya
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 231 of 2012
- Procedural Posture
- Criminal Appeal / Appeal Marked as Abandoned After Appellant Completed Sentence
- Outcome
- appeal marked as abandoned; file closed
- Legal Topics
- Criminal Appeals, Withdrawal of Appeal, Completion of Sentence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Joseph Wambugu Wakine
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Appeal Marked as Abandoned After Appellant Completed Sentence
Legal Issues
- 1 Whether the appeal should proceed when the appellant has completed his sentence and is absent from court.
- 2 Whether the appellant's absence indicates abandonment of the appeal.
Ratio Decidendi
The court found that since the appellant had completed his sentence and was absent from court, it was reasonable to infer that he was no longer interested in pursuing the appeal. On the application of the state counsel, the court exercised its discretion to mark the appeal as abandoned and ordered the file closed.
Court Disposition
appeal marked as abandoned; file closed
Orders
- The appeal is marked as abandoned.
- The file is hereby marked as closed.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KERUGOYA
CRIMINAL APPEAL NO. 231 OF 2012
JOSEPH WAMBUGU WAKINE …………APPELLANT
VERSUS
REPUBLIC………………………………..RESPONDENT
( AN APPEAL ARISING FROM THE ORIGINAL CONVICTION AND SENTENCE IN CRIMINAL CASE NO. 1228 OF 2009 OF AT THE SENIOR RESIDENT MAGISTRATE COURT AT BARICHO ON 7/6 /2010)
14. 10. 2013
Coram: Lady Justice C. Githua
C.C. Kariuki
Mr Sitati for state
Appellant absent
Mr Sitati - The appellant was released from prison on 9. 10. 13 after completing his sentence. When the appeal was set for hearing, the appellant was still in prison. The fact that he is not in court today shows that he is not interested in pursuing the appeal now that he has served his sentence. I pray that the appeal be marked as withdrawn.
C. GITHUA L.J.
JUDGE
14. 10. 2013
COURT: ORDER- In the circumstances as described by the state Counsel, the appeal herein is marked as abandoned. File is hereby marked as closed.
C. GITHUA L.J.
JUDGE
15. 10. 2013
In the presence of:
Mr Sitati for state.
C.C. Kariuki.