[2013] KEHC 5276 (KLR)
The court found that the appellant's counsel was informed of the hearing date but failed to appear or provide any explanation for the absence. As a result, the court considered the appeal abandoned and ordered the file closed, in accordance with established court practice regarding non-prosecution of appeals.
Source-derived case information.
- Citation
- [2013] KEHC 5276 (KLR)
- Parties
- Appellant: Mohamed Ali; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 47 of 2009
- Procedural Posture
- Criminal Appeal / Ruling on Abandonment of Appeal
- Outcome
- Appeal considered abandoned and file closed.
- Judges
- CJ Kendagor
- Legal Topics
- Criminal Appeal Procedure, Abandonment of Appeal
- 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 Ali
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Ruling on Abandonment of Appeal
Legal Issues
- 1 Whether the appeal should be dismissed as abandoned due to non-attendance by the appellant's counsel.
Ratio Decidendi
The court found that the appellant's counsel was informed of the hearing date but failed to appear or provide any explanation for the absence. As a result, the court considered the appeal abandoned and ordered the file closed, in accordance with established court practice regarding non-prosecution of appeals.
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
19 paragraphs
REPUBLIC OF KENYA
High Court at Meru
Criminal Appeal 47 of 2009 [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][if gte mso 9]><![endif][if gte mso 9]><xml>
Normal 0
false false false
EN-ZA X-NONE X-NONE
</xml><![endif][if gte mso 9]><![endif][if gte mso 10]> <style> /* Style Definitions */ table.MsoNormalTable {mso-style-name:"Table Normal"; mso-style-parent:""; line-height:115%; font-size:11. 0pt;"Calibri","sans-serif"; mso-bidi-"Times New Roman";} </style> <![endif]
MOHAMED ALI………………………………………… APPELLANT
VERSUS
REPUBLIC……………………………………………….RESPONDENT
RULING
Coram Lady Justice J. Lesiit J
C. C. Kirimi/Jane
N/A Mbaabu Inoti served.
COURT
Appellants counsel informed of today’s hearing. He did not come. Appeal considered abandoned. File closed.
SIGNED AND DELIVERED AT MERU THIS 7TH DAY OF FEBRUARY, 2013.
LESIIT, J.
JUDGE