[2003] KEHC 532 (KLR)
The court dismissed the appeal on the basis that the appellant, having already served his sentence and been released from prison, abandoned the appeal and did not pursue it further. There was no longer any live issue for determination, and the court found no reason to proceed with the appeal in the absence of the...
Source-derived case information.
- Citation
- [2003] KEHC 532 (KLR)
- Parties
- Appellant: Mgandi Tsuma; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- ? 54 of 1996
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- appeal dismissed
- Legal Topics
- Stealing by Agent, Conveying Suspected Stolen Goods, Penal Code Offences
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mgandi Tsuma
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the appeal should proceed where the appellant has abandoned the appeal.
Ratio Decidendi
The court dismissed the appeal on the basis that the appellant, having already served his sentence and been released from prison, abandoned the appeal and did not pursue it further. There was no longer any live issue for determination, and the court found no reason to proceed with the appeal in the absence of the appellant's interest.
Court Disposition
appeal dismissed
Orders
- The appeal is dismissed as abandoned.
Full Case Text
Judgment text and source record
13 paragraphs
REPULIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MOMBASA
APPELLATE SIDE
CRIMINAL APPEAL NO.54 OF 1996
(From Original conviction and sentence in Criminal Case No.619 of 1996
of the Chief Magistrate’s Court, Mombasa) MGANDI TSUMA …………...…………………………… APPELLANT VERSUS REPUBLIC …………………..………………………….. RESPONDENT
J U D G M E N T
Mgandi Tsuma was convicted of stealing by agent contrary to Section 283 of the Penal Code and Conveying suspected Stole goods contrary to Section 326 of the Penal Code. He was sentenced to two years and 18 months imprisonment respectively on 9th February 1996. Sentences were ordered to run concurrently.
This appeal was admitted to hearing on 20th August 1999 but the appellant had already been released from prison on 9/6/1997 after the expiry of the prison sentence.
As the appellant has abandoned this appeal, the same is now dismissed.
Dated this 15th September 2003.
A.G.A. ETYANG JUDGE