[2013] KEHC 4516 (KLR)
The court found that the appellant, having been sentenced to three years imprisonment and having taken no further steps in prosecuting his appeal, is deemed to have lost interest in the matter. Given the lapse of time and the likelihood that the sentence has already been served, the court considered the appeal...
Source-derived case information.
- Citation
- [2013] KEHC 4516 (KLR)
- Parties
- Appellant: Moses Thuranira Mungania; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 257 of 2002
- Procedural Posture
- Criminal Appeal / Ruling on Abandonment of Appeal
- Outcome
- Appeal considered abandoned and file closed.
- Legal Topics
- Abandonment of Appeal, Completion of Sentence, Loss of Interest, Criminal Appeal Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Moses Thuranira Mungania
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.
- 2 Whether the appeal should be dismissed and the file closed due to lack of prosecution.
Ratio Decidendi
The court found that the appellant, having been sentenced to three years imprisonment and having taken no further steps in prosecuting his appeal, is deemed to have lost interest in the matter. Given the lapse of time and the likelihood that the sentence has already been served, the court considered the appeal abandoned and ordered the file closed.
Court Disposition
Appeal considered 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 257 of 2002 [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 THURANIRA MUNGANIA…………………………..…… APPELLANT
VERSUS
REPUBLIC…………………………………………………………RESPONDENT
R U L I N G
The Appellant was sentenced to 3 years in Chief Magistrate’s court Meru on 23rd February, 2002.
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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