[2013] KEHC 4314 (KLR)
The court found that the appellant, having failed to take any further steps after filing the petition and grounds of appeal and having likely completed serving his sentence, demonstrated a lack of interest in pursuing the appeal. Consequently, the appeal was deemed abandoned and the file ordered closed.
Source-derived case information.
- Citation
- [2013] KEHC 4314 (KLR)
- Parties
- Appellant: Michael Mworia Marete; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 140 of 1998
- Procedural Posture
- Criminal Appeal / Ruling on Abandonment of Appeal
- Outcome
- Appeal deemed 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 Mworia Marete
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Ruling on Abandonment of Appeal
Legal Issues
- 1 Whether the appellant has prosecuted his appeal within a reasonable time.
- 2 Whether the appeal should be deemed abandoned due to inaction.
Ratio Decidendi
The court found that the appellant, having failed to take any further steps after filing the petition and grounds of appeal and having likely completed serving his sentence, demonstrated a lack of interest in pursuing the appeal. Consequently, the appeal was deemed abandoned and the file ordered closed.
Court Disposition
Appeal deemed abandoned and file closed.
Orders
- This appeal is considered abandoned and file closed.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
High Court at Meru
Criminal Appeal 140 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]
MICHAEL MWORIA MARETE ……………....…………………..… APPELLANT
VERSUS
REPUBLIC…………………………………………………………RESPONDENT
R U L I N G
The Appellant was sentenced to 2 years in Chief Magistrate’s court Meru on 27th February, 1998.
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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