Kenya Judgment

High Court · High Court at Meru

REPUBLIC v STEPHEN MBAE M’RITHAA [2013] KEHC 4379 (KLR)

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Source document

01

Holding and result

The court found that the appeal, filed in 2001, had not been served upon the Respondent and that there had been inordinate and inexcusable delay in prosecuting it. In light of the State Counsel's submission that the State no longer wished to pursue the appeal and the application to withdraw, 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.

02

Material facts

Parties

Republic

Appellant Counsel: Mungai

Stephen Mbae M’Rithaa

Respondent

03

Procedural history

  1. Posture

    Criminal Appeal / Ruling on Withdrawal of Appeal

04

Questions and positions

Legal issues

Party arguments

Applicant
The State, through Mr. Mungai, indicated that the appeal had not been served upon the Respondent and that the State no longer wished to pursue the appeal. An application was made to withdraw the appeal.
Respondent
The Respondent was not present and did not make any submissions.

05

Court’s reasoning

  1. 01

    Court's inherent powers; Criminal Procedure Code

    An appeal may be dismissed where there is inordinate and inexcusable delay in prosecution and where the appellant applies to withdraw the appeal.

06

Ratio, limits and disposition

Ratio decidendi

The court found that the appeal, filed in 2001, had not been served upon the Respondent and that there had been inordinate and inexcusable delay in prosecuting it. In light of the State Counsel's submission that the State no longer wished to pursue the appeal and the application to withdraw, the court exercised its discretion to dismiss the appeal and close the file.

Court disposition

appeal dismissed

  • The appeal is dismissed.
  • The file is closed.

Source and reliance status

High Court

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Judgment reading view

Judgment text

The complete available source text.

Source document

High Court

Judgment

[2013] KEHC 4379 (KLR)

REPUBLIC OF KENYA

High Court at Meru

Criminal Case 224 of 2001 [if gte mso 9]><xml>

14. 00

800x600

</xml><![endif]

REPUBLIC.....................................................................................APPELLANT

VERSUS

STEPHEN MBAE M’RITHAA...................................................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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