[2013] KEHC 4569 (KLR)
The court found that the appellant, having filed a petition and grounds of appeal but taken no further steps, and having likely completed the sentence, is deemed to have lost interest in the appeal. The appeal is therefore considered abandoned and the file is closed.
Source-derived case information.
- Citation
- [2013] KEHC 4569 (KLR)
- Parties
- Appellant: Lucy Makena Kigondu; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 133 of 1998
- Procedural Posture
- Criminal Appeal / Ruling on Abandonment of Appeal
- Outcome
- Appeal deemed abandoned and file closed.
- Legal Topics
- Abandonment of Appeal, Completion of Sentence, Appeal Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Lucy Makena Kigondu
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.
- 2 Whether the appeal should be closed given the likely completion of sentence.
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 the sentence, is deemed to have lost interest in the appeal. The appeal is therefore considered abandoned and the file is closed.
Court Disposition
Appeal deemed abandoned and file closed.
Orders
- The appeal is considered abandoned and the file is closed.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
High Court at Meru
Criminal Appeal 133 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]
LUCY MAKENA KIGONDU …………………………........……..… APPELLANT
VERSUS
REPUBLIC…………………………………………………………RESPONDENT
R U L I N G
The Appellant was sentenced to 8 years in Chief Magistrate’s court Meru on 24th January, 1997.
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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