[2013] KEHC 5392 (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, demonstrated a lack of interest in pursuing the appeal. The court exercised its discretion to consider the appeal abandoned and ordered the file closed, as there was...
Source-derived case information.
- Citation
- [2013] KEHC 5392 (KLR)
- Parties
- Appellant: Kadiro Galgalo Abdikadir; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 34 of 2007
- Procedural Posture
- Criminal Appeal / Ruling on Abandonment of Appeal
- Outcome
- Appeal considered 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
Kadiro Galgalo Abdikadir
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Ruling on Abandonment of Appeal
Legal Issues
- 1 Whether the appeal should be dismissed as abandoned due to inaction by the appellant.
- 2 Whether the completion of sentence renders the appeal moot.
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, demonstrated a lack of interest in pursuing the appeal. The court exercised its discretion to consider the appeal abandoned and ordered the file closed, as there was no longer a live issue to be determined.
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
18 paragraphs
REPUBLIC OF KENYA
High Court at Meru
Criminal Appeal 34 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][if gte mso 9]><xml>
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KADIRO GALGALO ABDIKADIR……………………………… APPELLANT
VERSUS
REPUBLIC………………………………..……………………RESPONDENT
R U L I N G
The Appellant was sentenced to 5 years imprisonment in Senior Resident Magistrate court Marsabit Court on 23rd February 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 31ST DAY OF JANUARY 2013.
LESIIT, J.
JUDGE.