[2018] KEHC 3283 (KLR)
The court found that the appellant, having been released on cash bail pending appeal, failed to attend court as required. A warrant of arrest was issued and remained unexecuted for a significant period, leading to the forfeiture of the bail to the state. In these circumstances, the court held that the appeal should...
Source-derived case information.
- Citation
- [2018] KEHC 3283 (KLR)
- Parties
- Appellant: Ismael Abdi; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 143 of 2011
- Procedural Posture
- Criminal Appeal / Ruling on Abandonment of Appeal Due to Appellant's Absence
- Outcome
- Appeal marked as abandoned due to appellant's absence; sentence of lower court to be executed upon arrest.
- Legal Topics
- Appeal Abandonment, Bail Forfeiture, Failure to Attend Court, Warrant of Arrest
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Ismael Abdi
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Ruling on Abandonment of Appeal Due to Appellant's Absence
Legal Issues
- 1 Whether the appeal should be marked as abandoned due to the appellant's failure to attend court after release on bail.
- 2 Whether the forfeiture of the cash bail and issuance of a warrant of arrest justify proceeding with the sentence imposed by the lower court.
Ratio Decidendi
The court found that the appellant, having been released on cash bail pending appeal, failed to attend court as required. A warrant of arrest was issued and remained unexecuted for a significant period, leading to the forfeiture of the bail to the state. In these circumstances, the court held that the appeal should be marked as abandoned, and upon arrest, the appellant is to serve the sentence imposed by the lower court. The decision underscores the principle that appellants must comply with court orders and attend proceedings, failing which the appeal process may be terminated and the original sentence enforced.
Court Disposition
Appeal marked as abandoned due to appellant's absence; sentence of lower court to be executed upon arrest.
Orders
- The appeal is marked as abandoned.
- Upon arrest, the appellant shall serve the sentence imposed by the lower court.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MOMBASA
CRIMINAL APPEAL NO. 143 OF 2011
ISMAEL ABDI...........................................................APPELLANT
VERSUS
REPUBLIC..............................................................RESPONDENT
RULING
1 The Appellant, ISMAIL ABDI appealed against the conviction and sentence in criminal case No 1692 of 2010 before the Chief Magistrate’s court in Mombasa.
2 The appellant was jointly charge with others with the following offences;
(1) In count 1, he was charged with the offence of Godown breaking and stealing contrary to section 306 (a) of the Penal Code;
(2) In alternative counts, the appellant was charged with handling stolen property contrary to section 322 (2) of the Penal Code.
3 After full trial, on 27th day of June, 2011, the appellant was convicted and sentenced to serve a 2 year imprisonment for the offence of handling stolen property. And on being aggrieved by this, he filed an appeal.
4 During the pendency of the appeal, the appellant, through his counsel, HASSAN ABDI and Co. Advocates, applied for release on bond pending the hearing and determination of the same. He was ordered to be released on a bond of Ksh 30,000/= with one surety of a similar amount or in the alternative, a cash bail of Ksh 30,000/=. He paid the cash bail of Ksh 30,000/= and was released on 30. 6.2011.
5 After his release on cash bail, the appellant failed to attend court and a warrant of arrest was issued against him on 2. 12. 2016. The said warrant of arrest remained in force until 20. 6.2017 when it was forfeited to the state.
6 It is for this reason that the state has sought to have the appeal marked as abandoned pending the execution of the warrant of arrest which was issued against the appellant. And if the appellant is arrested following the said warrant of arrest, he will proceed to serve the sentence which was meted against him by the lower court on 27th June, 2011.
Ruling delivered, signed and dated this 21st day of May, 2018.
LADY JUSTICE D. O. CHEPKWONY
In the presence of;
M/s Ocholla, counsel for the state
Appellant –Absent
C/clerk- Beja