[2004] KEHC 1880 (KLR)
The court determined that since the appellant had been released on presidential amnesty and was absent, there was no longer a live issue for determination. Consequently, the appeal was marked as abandoned and dismissed, as there was no purpose in proceeding with the matter.
Source-derived case information.
- Citation
- [2004] KEHC 1880 (KLR)
- Parties
- Appellant: Maina Nyamu; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- ? 139 of 2003
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- appeal dismissed as abandoned
- Legal Topics
- Criminal Appeals, Presidential Amnesty
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Maina Nyamu
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the appeal should proceed after the appellant's release on presidential amnesty.
Ratio Decidendi
The court determined that since the appellant had been released on presidential amnesty and was absent, there was no longer a live issue for determination. Consequently, the appeal was marked as abandoned and dismissed, as there was no purpose in proceeding with the matter.
Court Disposition
appeal dismissed as abandoned
Orders
- The appeal is marked abandoned and dismissed.
Full Case Text
Judgment text and source record
2 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT MOMBASA APPELLATE SIDE CRIMINAL APPEAL NO. 139 OF 2003 (From Original conviction and sentence in Criminal Case No. 200 of 2003 of the Principal Magistrate’s Court, Voi) MAINA NYAMU ……..……………….…………………… APPELLANT VERSUS REPUBLIC …………………..………………………….. RESPONDENT Coram: J W Mwera, Judge Appellant absent Gumo State Counsel for Republic JUDGEMENT
The appellant having been released on presidential amnesty on 22. 12. 03, this appeal is marked abandoned and dismissed. Delivered on 7th January 2004. J MWERA JUDGE