[2013] KEHC 4580 (KLR)
The court found that the appellant, having failed to take any further steps in prosecuting the appeal after filing the petition and grounds of appeal, and having likely completed the sentence imposed by the trial court, is deemed to have lost interest in the appeal. Consequently, the appeal is considered abandoned...
Source-derived case information.
- Citation
- [2013] KEHC 4580 (KLR)
- Parties
- Appellant: TARATISIO KITHURE M’ITHIMA; Respondent: REPUBLIC
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 127 of 1998
- Procedural Posture
- Criminal Appeal / Ruling on Abandonment of Appeal
- Outcome
- Appeal deemed abandoned and file closed.
- Legal Topics
- Abandonment of Appeal, Completion of Sentence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
TARATISIO KITHURE M’ITHIMA
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 after filing the petition and grounds of appeal.
- 2 Whether the appeal should be dismissed as abandoned given the appellant has likely completed his sentence.
Ratio Decidendi
The court found that the appellant, having failed to take any further steps in prosecuting the appeal after filing the petition and grounds of appeal, and having likely completed the sentence imposed by the trial court, is deemed to have lost interest in the appeal. Consequently, the appeal is considered abandoned and the file is ordered closed.
Court Disposition
Appeal deemed 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 127 of 1998 [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]
TARATISIO KITHURE M’ITHIMA……………………….........…… APPELLANT
VERSUS
REPUBLIC…………………………………………………………RESPONDENT
R U L I N G
The Appellant was sentenced to 9 months in Senior Resident Magistrate’s court Isiolo on 12th February, 1998.
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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