[2013] KEHC 4497 (KLR)
The court found that the appellant, having failed to take any further steps after filing the petition and grounds of appeal, and having likely completed the sentence, had lost interest in the appeal. The appeal was therefore considered abandoned and the file ordered closed.
Source-derived case information.
- Citation
- [2013] KEHC 4497 (KLR)
- Parties
- Appellant: Rebecca Kawira; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 64 of 2005
- 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
Rebecca Kawira
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Ruling on Abandonment of Appeal
Legal Issues
- 1 Whether the appellant has abandoned the appeal by failing to take further steps.
- 2 Whether the appeal should be considered closed due to completion of sentence.
Ratio Decidendi
The court found that the appellant, having failed to take any further steps after filing the petition and grounds of appeal, and having likely completed the sentence, had lost interest in the appeal. The appeal was therefore considered abandoned and the file ordered 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 64 of 2005 [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]
REBECCA KAWIRA………………..………….……...……………. APPELLANT
VERSUS
REPUBLIC…………………………………………………………RESPONDENT
R U L I N G
The Appellant was sentenced to 4 years imprisonment in Resident Magistrate’s court Tigania on 27th April, 2005.
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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