[2013] KEHC 4375 (KLR)
The court found that the appeal, filed in 2001, had not been served upon the Respondent and had not been prosecuted for over a decade. The State expressly indicated its intention not to pursue the appeal and applied for its withdrawal. The court held that the delay was inordinate and inexcusable, and in view of the...
Source-derived case information.
- Citation
- [2013] KEHC 4375 (KLR)
- Parties
- Appellant: Republic; Respondent: Mohamed Githiye
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 430 of 2001
- Procedural Posture
- Criminal Revision / Ruling on Withdrawal of Appeal
- Outcome
- appeal dismissed for want of prosecution and on State's withdrawal
- Judges
- CJ Kendagor
- Legal Topics
- Appeal Withdrawal, Delay in Prosecution
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Appellant
Mohamed Githiye
Respondent
Procedural Posture
Criminal Revision / Ruling on Withdrawal of Appeal
Legal Issues
- 1 Whether the appeal should be dismissed due to inordinate and inexcusable delay in prosecution.
- 2 Whether the State's application to withdraw the appeal should be granted.
Ratio Decidendi
The court found that the appeal, filed in 2001, had not been served upon the Respondent and had not been prosecuted for over a decade. The State expressly indicated its intention not to pursue the appeal and applied for its withdrawal. The court held that the delay was inordinate and inexcusable, and in view of the State Counsel's submission, dismissed the appeal and ordered the file closed.
Court Disposition
appeal dismissed for want of prosecution and on State's withdrawal
Orders
- The appeal is dismissed.
- The file is closed.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
High Court at Meru
Criminal Revision 430 of 2001 [if gte mso 9]><xml>
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REPUBLIC....……………………………………………… APPELLANT
VERSUS
MOHAMED GITHIYE……………………………….….. RESPONDENT
R U L I N G
20. 3.2013
Lesiit Judge
Kirimi/Jane C.C.
Mungai for State/Appellant
No appearance for Respondent
Mr. Mungai:This appeal was filed by the State. We have not served the Respondent.The state no longer wishes to pursue the Appeal. I apply to withdraw the same.
Lesiit, J.
JUDGE
COURT:This appeal was filed in 2001. The State has not served it upon the Respondent.There has been inordinate and inexcusable delay in prosecuting it. In view of the learned State Counsel’s submission the appeal is dismissed and the file closed.
DATED, SIGNED AND DELIVERED THIS 20TH DAY OF MARCH 2013
LESIIT, J.
JUDGE.
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