[2004] KECA 105 (KLR)
The Court of Appeal held that since the appellant had already completed serving the sentence in the present appeal, there was no effective relief that the court could grant. The court noted the existence of another pending appeal for which leave had been granted, but that matter was not before the court at this...
Source-derived case information.
- Citation
- [2004] KECA 105 (KLR)
- Parties
- Appellant: Moses Aol Dudu; Respondent: Republic
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 170 of 2003
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- appeal dismissed
- Legal Topics
- Sentencing, Appeals Process
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Moses Aol Dudu
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the appeal has merit given that the appellant has already completed serving the sentence.
- 2 Whether the court can grant any relief to the appellant in the circumstances.
Ratio Decidendi
The Court of Appeal held that since the appellant had already completed serving the sentence in the present appeal, there was no effective relief that the court could grant. The court noted the existence of another pending appeal for which leave had been granted, but that matter was not before the court at this time. Consequently, the appeal was dismissed as there was nothing further the court could do in the circumstances.
Court Disposition
appeal dismissed
Orders
- The appeal is dismissed.
Full Case Text
Judgment text and source record
17 paragraphs
IN THE COURT OF APPEAL
AT NAKURU
CRIMINALAPPEAL NO. 170 OF 2003
MOSES AOL DUDU……………………...….…………………………. APPELLANT
AND
REPUBLIC …..…….………………………………………………….. RESPONDENT
JUDGMENT OF THE COURT
The appellant has completed serving the sentence in this appeal and his main complaint appears to be on sentence. He says he is serving another sentence in another case and that he was given leave to appeal in that appeal; the leave was given on 20th September, 2004 and that appeal is not yet before us. We hope that appeal will soon come for hearing before this Court but in the present appeal, there is nothing we can do and we dismiss this appeal.
Dated and delivered at Nakuru this 21st day of September, 2004.
R. S. C. OMOLO ---------------------------
JUDGE OF APPEAL
E. O. O’KUBASU ----------------------------
JUDGE OF APPEAL
E. M. GITHINJI -----------------------------
JUDGE OF APPEAL
I certify that this is a true copy of the original.
DEPUTY REGISTRAR