[2013] KEHC 4568 (KLR)
The court found that the appellant, having taken no further steps in prosecuting the appeal and having likely completed the sentence, is deemed to have abandoned the appeal. The file is therefore closed as there is no longer any live issue for determination.
Source-derived case information.
- Citation
- [2013] KEHC 4568 (KLR)
- Parties
- Appellant: Mary Gachake; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 134 of 2005
- Procedural Posture
- Criminal Appeal / Ruling on Abandonment of Appeal
- Outcome
- appeal abandoned and file closed
- Legal Topics
- Abandonment of Appeal, Sentence Completion
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mary Gachake
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Ruling on Abandonment of Appeal
Legal Issues
- 1 Whether the appeal should be allowed to proceed despite no steps being taken by the appellant.
- 2 Whether the appeal is abandoned due to the appellant having completed the sentence.
Ratio Decidendi
The court found that the appellant, having taken no further steps in prosecuting the appeal and having likely completed the sentence, is deemed to have abandoned the appeal. The file is therefore closed as there is no longer any live issue for determination.
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 134 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]
MARY GACHAKE ………………….……………………………..… APPELLANT
VERSUS
REPUBLIC………………………………………………………..…RESPONDENT
R U L I N G
The Appellant was sentenced to 12 months in Senior Resident Magistrate’s court Tigania on 18th May, 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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