[2013] KEHC 4538 (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, demonstrated a lack of interest in pursuing the appeal. The appeal was therefore deemed abandoned and the file ordered closed.
Source-derived case information.
- Citation
- [2013] KEHC 4538 (KLR)
- Parties
- Appellant: Moses Mutabari; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 159 of 2006
- Procedural Posture
- Criminal Appeal / Ruling on Abandonment of Appeal
- Outcome
- Appeal deemed abandoned and file closed.
- Legal Topics
- Abandonment of Appeal, Completion of Sentence, Criminal Appeals Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Moses Mutabari
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Ruling on Abandonment of Appeal
Legal Issues
- 1 Whether the appeal should be deemed abandoned due to inaction by the appellant.
- 2 Whether the file should be closed as the appellant has likely completed his sentence.
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, demonstrated a lack of interest in pursuing the appeal. The appeal was therefore deemed abandoned and the file ordered closed.
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 159 of 2006 [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]
MOSES MUTABARI…………………….………………….........… APPELLANT
VERSUS
REPUBLIC…………………………………………………………RESPONDENT
R U L I N G
The Appellant was sentenced to 7 years in Chief Magistrate’s court Meru on 9. 6.2006.
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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