[2013] KEHC 4572 (KLR)
The court found that the appellant, having failed to take any further steps in prosecuting his appeal after filing the petition and grounds of appeal, and having likely completed serving his sentence, is deemed to have lost interest in the appeal. Consequently, the appeal is considered abandoned and the file is...
Source-derived case information.
- Citation
- [2013] KEHC 4572 (KLR)
- Parties
- Appellant: Mohamed Ali; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 117 of 1993
- Procedural Posture
- Criminal Appeal / Ruling on Abandonment of Appeal
- Outcome
- appeal abandoned and file closed
- Legal Topics
- Abandonment of Appeal, Completion of Sentence, Loss of Interest
- 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 / Ruling on Abandonment of Appeal
Legal Issues
- 1 Whether the appellant has abandoned his appeal by failing to take further steps after filing the petition and grounds of appeal.
- 2 Whether the appeal should be considered abandoned and the file closed.
Ratio Decidendi
The court found that the appellant, having failed to take any further steps in prosecuting his appeal after filing the petition and grounds of appeal, and having likely completed serving his sentence, is deemed to have lost interest in the appeal. Consequently, the appeal is considered abandoned and the file is ordered closed.
Court Disposition
appeal abandoned and file closed
Orders
- The appeal is considered abandoned.
- The file is closed.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
High Court at Meru
Criminal Appeal 117 of 1993 [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 ALI ……………………………………………….....… APPELLANT
VERSUS
REPUBLIC…………………………………………………………RESPONDENT
R U L I N G
The Appellant was sentenced to 4 years in Resident Magistrate’s court Meru on 31st August 1993.
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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