[2013] KEHC 4512 (KLR)
The court found that since the appellant had not taken any further steps in prosecuting the appeal and had likely completed serving the sentence, the appeal was considered abandoned. The court exercised its discretion to close the file, treating the lack of action as a loss of interest in the appeal.
Source-derived case information.
- Citation
- [2013] KEHC 4512 (KLR)
- Parties
- Appellant: Michael Kimathi; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 66 of 2005
- Procedural Posture
- Criminal Appeal / Ruling on Abandonment of Appeal
- Outcome
- Appeal considered 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
Michael Kimathi
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Ruling on Abandonment of Appeal
Legal Issues
- 1 Whether the appeal should proceed when the appellant has taken no further steps and has likely completed the sentence.
Ratio Decidendi
The court found that since the appellant had not taken any further steps in prosecuting the appeal and had likely completed serving the sentence, the appeal was considered abandoned. The court exercised its discretion to close the file, treating the lack of action as a loss of interest in the appeal.
Court Disposition
Appeal considered abandoned and file closed.
Orders
- The appeal is considered abandoned.
- The file is closed.
Full Case Text
Judgment text and source record
12 paragraphs
REPUBLIC OF KENYA
High Court at Nairobi (Nairobi Law Courts)
Criminal Appeal 66 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]
MICHAEL KIMATHI................................................APPELLANT
VERSUS
REPUBLIC..........................................................RESPONDENT
R U L I N G
The Appellant was sentenced to 5 years imprisonment in Chief Magistrate’s court Meru on 18th February, 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.