[2004] KEHC 1755 (KLR)
The court found that since the appellant in Criminal Appeal No.342 of 2000 had already served the full sentence, the appeal was deemed abandoned and dismissed. Similarly, the appellant in Criminal Appeal No.348 of 2000 had been released under presidential amnesty, rendering the appeal abandoned and dismissed. The...
Source-derived case information.
- Citation
- [2004] KEHC 1755 (KLR)
- Parties
- Appellant: Mohamed Ali; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- ? 342 of ??
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- Appeals deemed abandoned and dismissed.
- Legal Topics
- Criminal Appeal, Sentence Enforcement, Presidential Amnesty
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mohamed Ali
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the appeals should be allowed or dismissed in light of the sentences served and the presidential amnesty.
Ratio Decidendi
The court found that since the appellant in Criminal Appeal No.342 of 2000 had already served the full sentence, the appeal was deemed abandoned and dismissed. Similarly, the appellant in Criminal Appeal No.348 of 2000 had been released under presidential amnesty, rendering the appeal abandoned and dismissed. The court further ordered that the five years police supervision imposed remains in force.
Court Disposition
Appeals deemed abandoned and dismissed.
Orders
- Appeal in Criminal Appeal No.342 of 2000 is dismissed as abandoned.
- Appeal in Criminal Appeal No.348 of 2000 is dismissed as abandoned.
Full Case Text
Judgment text and source record
8 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYAAT MOMBASACRIMINAL APPEAL NO.342 OF 2000
MOHAMED ALI……………………………………………………………………..…………….APPEALLANT VERSUS REPUBLIC………………………………………………………………………………….…… RESPONDENT
CONSOLIDATED WITH……………………………………………………………………………..APPELLANT VERSUS REPUBLIC……………………………………………..……………………………………… RESPONDENT
(Being appeals from Original Conviction and Sentence in Criminal Case No.960 of 2000 of the Chief Magistrate’s Court Mombasa)
J U D G E M E N T
The appellant in Criminal Appeal No.342 of 2000 having served sentence of 3 years w.e.f. 2. 8.2000, this appeal is deemed abandoned and dismissed. Appellant in Criminal appeal No.348 of 2000 is said to have been released under Presidential amnesty on 1. 6.03. His appeal too is abandoned and dismissed. 5 years police supervision remains.
Dated at Mombasa this 10th Day of February 2004. J.W. MWERA JUDGE