[2013] KEHC 4377 (KLR)
The court found that the appeal, filed in 2000, had not been served upon the Respondent and that there had been inordinate and inexcusable delay in its prosecution. In light of the State Counsel's submission that the State no longer wished to pursue the appeal and applied to withdraw it, the court exercised its...
Source-derived case information.
- Citation
- [2013] KEHC 4377 (KLR)
- Parties
- Appellant: Republic; Respondent: Silas Ntonjira
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 244 of 2001
- Procedural Posture
- Criminal Appeal / Ruling on Withdrawal of Appeal
- Outcome
- appeal dismissed
- Legal Topics
- Appeal Withdrawal, Delay in Prosecution
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Republic
Appellant
Silas Ntonjira
Respondent
Procedural Posture
Criminal Appeal / 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 2000, had not been served upon the Respondent and that there had been inordinate and inexcusable delay in its prosecution. In light of the State Counsel's submission that the State no longer wished to pursue the appeal and applied to withdraw it, the court exercised its discretion to dismiss the appeal and close the file.
Court Disposition
appeal dismissed
Orders
- The appeal is dismissed.
- The file is closed.
Full Case Text
Judgment text and source record
26 paragraphs
REPUBLIC OF KENYA
High Court at Meru
Criminal Case 244 of 2001 [if gte mso 9]><xml>
800x600
</xml><![endif]
REPUBLIC…………………………………………………………… APPELLANT
VERSUS
SILAS NTONJIRA……………………………………….. 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 2000. 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.
[if gte mso 9]><xml>
Normal 0
false false false
EN-US X-NONE X-NONE
</xml><![endif][if gte mso 9]><![endif][if gte mso 10]> <style> /* Style Definitions */ table.MsoNormalTable {mso-style-name:"Table Normal"; mso-style-parent:""; font-size:10. 0pt;"Calibri","sans-serif";} </style> <![endif]