[2004] KEHC 1800 (KLR)
The court found that since the sentence had already been served by the appellant and there was no indication that the appeal was being actively pursued, the appeal was considered abandoned and was accordingly dismissed.
Source-derived case information.
- Citation
- [2004] KEHC 1800 (KLR)
- Parties
- Appellant: Kennedy Kamande Munyao; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- ? 416 of 2001
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- Appeal dismissed as abandoned.
- Legal Topics
- Criminal Appeals, Abandonment of Appeal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kennedy Kamande Munyao
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the appeal should proceed where the sentence has already been served.
Ratio Decidendi
The court found that since the sentence had already been served by the appellant and there was no indication that the appeal was being actively pursued, the appeal was considered abandoned and was accordingly dismissed.
Court Disposition
Appeal dismissed as abandoned.
Orders
- The appeal is dismissed.
Full Case Text
Judgment text and source record
4 paragraphs
IN THE HIGH COURT OF KENYA AT MOMBASA APPELLATE SIDE CRIMINAL APPEAL NO. 416 OF 2001
(From Original conviction and sentence in Criminal Case No. 2823 of 2001 of the Chief Magistrate’s Court, Mombasa) KENNEDY KAMANDE MUNYAO …..…………………… APPELLANT VERSUS REPUBLIC …………………..………………………….. RESPONDENT J U D G M E N T
Sentence having been served, this appeal is considered abandoned and dismissed.
Delivered on 6th January 2004. J MWERA JUDGE