[2013] KEHC 4403 (KLR)
The court found that the appellant, having failed to take any further steps in the appeal after filing the petition and grounds of appeal, and having likely completed the sentence imposed by the trial court, is deemed to have lost interest in the appeal. Consequently, the appeal is considered abandoned and the file...
Source-derived case information.
- Citation
- [2013] KEHC 4403 (KLR)
- Parties
- Appellant: Lenah Makena; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 65 of 2005
- Procedural Posture
- Criminal Appeal / Ruling on Abandonment of Appeal
- Outcome
- Appeal abandoned and file closed.
- Legal Topics
- Abandonment of Appeal, Completion of Sentence, Loss of Interest, Criminal Appeal Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Lenah Makena
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Ruling on Abandonment of Appeal
Legal Issues
- 1 Whether the appellant has abandoned the appeal by failing to take further steps after filing the petition and grounds of appeal.
- 2 Whether the appeal should be closed given the likely completion of the sentence.
Ratio Decidendi
The court found that the appellant, having failed to take any further steps in the appeal after filing the petition and grounds of appeal, and having likely completed the sentence imposed by the trial court, is deemed to have lost interest in the appeal. Consequently, the appeal is considered abandoned and the file is ordered closed. The decision is based on the principle that an appellant must actively prosecute an appeal, and failure to do so, particularly where the sentence has already been served, justifies the court in closing the matter as abandoned.
Court Disposition
Appeal 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 65 of 2005 [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]
LENAH MAKENA………………..………….……………........……. APPELLANT
VERSUS
REPUBLIC…………………………………………………………RESPONDENT
R U L I N G
The Appellant was sentenced to 4 years imprisonment in Principal Magistrate’s court Maua on 26th April, 2005.
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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