[2013] KEHC 4585 (KLR)
The court found that the appellant, having filed a petition and grounds of appeal but taken no further steps, and having likely completed his sentence, had lost interest in the appeal. The appeal was therefore deemed abandoned and the file ordered closed. The decision was based on the principle that appeals must be...
Source-derived case information.
- Citation
- [2013] KEHC 4585 (KLR)
- Parties
- Appellant: Mohamed Adullahi Liobey; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 123 of 1999
- 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
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Mohamed Adullahi Liobey
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Ruling on Abandonment of Appeal
Legal Issues
- 1 Whether the appellant has prosecuted his appeal or abandoned it.
- 2 Whether the appeal should be dismissed for want of prosecution.
Ratio Decidendi
The court found that the appellant, having filed a petition and grounds of appeal but taken no further steps, and having likely completed his sentence, had lost interest in the appeal. The appeal was therefore deemed abandoned and the file ordered closed. The decision was based on the principle that appeals must be prosecuted diligently and that failure to do so, particularly where the sentence has been served, justifies treating the appeal as abandoned.
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 123 of 1999 [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]
MOHAMED ADULLAHI LIOBEY …………………................….… APPELLANT
VERSUS
REPUBLIC…………………………………………………………RESPONDENT
R U L I N G
The Appellant was sentenced to 7 years 5 strokes in Resident Magistrates Court Garisa on 27th March, 1999.
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.
[if gte mso 9]><xml>
800x600
</xml><![endif][if gte mso 9]><xml>
Normal 0
false false false
EN-US X-NONE X-NONE
</xml><![endif][if gte mso 9]><![endif]