[2013] KEHC 4308 (KLR)
The court found that the appellant, having been sentenced to three years imprisonment and having taken no further steps in prosecuting his appeal since filing the petition and grounds of appeal, is deemed to have lost interest in the matter. Given the passage of time and the likelihood that the sentence has already...
Source-derived case information.
- Citation
- [2013] KEHC 4308 (KLR)
- Parties
- Appellant: Timothy Kirema Kariuki; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 5 of 2005
- Procedural Posture
- Criminal Appeal / Ruling on Abandonment of Appeal
- Outcome
- Appeal dismissed as abandoned; 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
Timothy Kirema Kariuki
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Ruling on Abandonment of Appeal
Legal Issues
- 1 Whether the appellant has abandoned his appeal by failing to take further steps after filing the petition and grounds of appeal.
- 2 Whether the appeal should be dismissed and the file closed due to lack of prosecution.
Ratio Decidendi
The court found that the appellant, having been sentenced to three years imprisonment and having taken no further steps in prosecuting his appeal since filing the petition and grounds of appeal, is deemed to have lost interest in the matter. Given the passage of time and the likelihood that the sentence has already been served, the court concluded that the appeal is abandoned. Accordingly, the appeal was dismissed and the file ordered closed.
Court Disposition
Appeal dismissed as abandoned; file closed.
Orders
- The appeal is considered abandoned and is hereby dismissed.
- The file is ordered closed.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
High Court at Meru
Criminal Appeal 5 of 2005 [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]
TIMOTHY KIREMA KARIUKI…………………………..........……. APPELLANT
VERSUS
REPUBLIC…………………………………………………………RESPONDENT
R U L I N G
The Appellant was sentenced to 3 years imprisonment In Chief Magistrate’s court Meru on 25th February, 2005.
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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