[2013] KEHC 5375 (KLR)
The court found that since the appellant had been discharged under section 87(A) of the Criminal Procedure Code and no further steps were taken in the appeal after the petition was filed, there was no basis for the appeal to proceed. The file was therefore closed as there was no active dispute or prosecution of the...
Source-derived case information.
- Citation
- [2013] KEHC 5375 (KLR)
- Parties
- Appellant: Richard Nkonge; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 4 of 2006
- Procedural Posture
- Criminal Appeal / Ruling on Closure of Appeal
- Outcome
- Appeal closed due to inaction; no further orders.
- Legal Topics
- Criminal Procedure Code Section 87a, Appeal Dismissal, Discharge of Accused
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Richard Nkonge
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Ruling on Closure of Appeal
Legal Issues
- 1 Whether the appeal should proceed after the appellant was discharged under section 87(A) of the Criminal Procedure Code.
- 2 Whether the appeal should be closed due to inaction by the appellant.
Ratio Decidendi
The court found that since the appellant had been discharged under section 87(A) of the Criminal Procedure Code and no further steps were taken in the appeal after the petition was filed, there was no basis for the appeal to proceed. The file was therefore closed as there was no active dispute or prosecution of the appeal before the court.
Court Disposition
Appeal closed due to inaction; no further orders.
Orders
- The file is consequently closed.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
High Court at Meru
Criminal Appeal 4 of 2006 [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][if gte mso 9]><xml>
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RICHARD NKONGE……………………………………………… APPELLANT
VERSUS
REPUBLIC…………………………………………………………RESPONDENT
R U L I N G
The Appellant was DISCHARGED UNDER section 87(A) of the Criminal Procedure Code.He filed this appeal challenging the ruling of Chief Magistrate court Meru delivered on 10th January 2006.
He filed a petition of Appeal on 24th January 2006 through his advocate Mr. V.P. Gituma. No further step was taken in the appeal. The file is consequently closed.
DATED, SIGNED AND DELIVERED THIS 31ST DAY OF JANUARY 2013
LESIIT, J.
JUDGE.