[2003] KEHC 411 (KLR)
The court found that since the appeal was neither admitted nor prosecuted and the sentence had already been served, there was no basis for granting any relief. The appeal was therefore dismissed as moot.
Source-derived case information.
- Citation
- [2003] KEHC 411 (KLR)
- Parties
- Appellant: Mwanaarusi Salim; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- ? 275 of 1991
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- appeal dismissed
- Legal Topics
- Criminal Appeals, Sentence Enforcement
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mwanaarusi Salim
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the appeal against the six-year imprisonment term was properly admitted and prosecuted.
- 2 Whether any relief could be granted after the sentence had already been served.
Ratio Decidendi
The court found that since the appeal was neither admitted nor prosecuted and the sentence had already been served, there was no basis for granting any relief. The appeal was therefore dismissed as moot.
Court Disposition
appeal dismissed
Orders
- The appeal is dismissed.
Full Case Text
Judgment text and source record
15 paragraphs
IN THE HIGH COURT OF KENYA
AT MOMBASA
APPELLATE SIDE
CRIMINAL APPEAL NO.275 OF 1991
(From Original conviction and sentence in Criminal Case No.636 of
1991 in the Chief Magistrate’s Court at Mombasa on 7th January
1991)
MWANAARUSI SALIM ………..…….…………………… APPELLANT
VERSUS
REPUBLIC …………………..………………………….. RESPONDENT
J U D G M E N T
Appellant appealed against a six years’ imprisonemnt term imposed by the trial magistrate on 7th January 1991 but the appeal was neither admitted nor prosecuted. Sentence has now been served.
Appeal is dismissed.
Dated and delivered at Mombasa this 25th July 2003.
A.G.A. ETYANG JUDGE