[2013] KEHC 4545 (KLR)
The court found that the appellant, having filed a petition and grounds of appeal but taken no further steps, and having likely completed serving the sentence, demonstrated a lack of interest in prosecuting the appeal. The appeal was therefore considered abandoned and the file ordered closed.
Source-derived case information.
- Citation
- [2013] KEHC 4545 (KLR)
- Parties
- Appellant: Josphter Murithi; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 146 of 1998
- Procedural Posture
- Criminal Appeal / Ruling on Abandonment of Appeal
- Outcome
- Appeal considered abandoned and file closed.
- Legal Topics
- Abandonment of Appeal, Sentence Completion
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Josphter Murithi
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Ruling on Abandonment of Appeal
Legal Issues
- 1 Whether the appellant has prosecuted the appeal or abandoned it.
- 2 Whether the appeal should be dismissed for want of prosecution.
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 serving the sentence, demonstrated a lack of interest in prosecuting the appeal. The appeal was therefore considered abandoned and the file ordered closed.
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 146 of 1998 [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]
JOSPHETER MURITHI……..………………………...…………… APPELLANT
VERSUS
REPUBLIC…………………………………………………………RESPONDENT
R U L I N G
The Appellant was sentenced to 5 years and 14 strokes in Senior Resident Magistrate’s court Chuka on 5th May, 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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