[2023] KEHC 239 (KLR)
The court found that the appellant, having been released on cash bail pending appeal, failed to attend court and prosecute his appeal, and could not be traced despite warrants of arrest being issued. This conduct amounted to abandonment of the appeal. The court held that in such circumstances, it is proper to...
Source-derived case information.
- Citation
- [2023] KEHC 239 (KLR)
- Parties
- Appellant: Daniel Kiprop Kangongo; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Eldoret
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 111 of 2014
- Procedural Posture
- Criminal Appeal / Ruling on Dismissal for Want of Prosecution and Forfeiture of Bail
- Outcome
- appeal dismissed for want of prosecution; bail forfeited to the state; warrants of arrest remain in force
- Judges
- JWW Mong'are
- Legal Topics
- Bail Forfeiture, Appeal Dismissal, Failure to Prosecute, Warrants of Arrest
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Daniel Kiprop Kangongo
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Ruling on Dismissal for Want of Prosecution and Forfeiture of Bail
Legal Issues
- 1 Whether the appellant's failure to attend court and prosecute the appeal warrants dismissal of the appeal.
- 2 Whether the cash bail posted by the appellant should be forfeited to the state due to his absconding.
- 3 Whether the warrants of arrest against the appellant should remain in force.
Ratio Decidendi
The court found that the appellant, having been released on cash bail pending appeal, failed to attend court and prosecute his appeal, and could not be traced despite warrants of arrest being issued. This conduct amounted to abandonment of the appeal. The court held that in such circumstances, it is proper to dismiss the appeal for want of prosecution and to forfeit the cash bail to the state. The warrants of arrest remain in force, and if the appellant is re-arrested, he is to serve the remainder of his sentence, less the time already served before his release on bail.
Court Disposition
appeal dismissed for want of prosecution; bail forfeited to the state; warrants of arrest remain in force
Orders
- The appeal is dismissed for want of prosecution.
- The cash bail is forfeited to the state.
Full Case Text
Judgment text and source record
18 paragraphs
Kangongo v Republic (Criminal Appeal 111 of 2014) [2023] KEHC 239 (KLR) (25 January 2023) (Ruling)
Neutral citation: [2023] KEHC 239 (KLR)
Republic of Kenya
In the High Court at Eldoret
Criminal Appeal 111 of 2014
JWW Mong'are, J
January 25, 2023
Between
Daniel Kiprop Kangongo
Appellant
and
Republic
Prosecution
Ruling
1. The appellant was convicted of the offence of breaking into a building and committing a felony contrary to section 306(a) of the Penal Codeand sentenced to 18 months’ imprisonment. Being aggrieved by the judgment and conviction, the appellant instituted the appeal vide a petition of appeal dated July 10, 2014 and filed an application seeking to be released on bail.
2. The court admitted the appellant to cash bail of Kshs. 40,000/- on 2nd June 2017 pending the hearing of the appeal. The appellant has failed to attend court and prosecute the appeal since his release and warrants of arrest have been issued against him. Learned counsel for the state stated that they have been unable to trace the appellant to execute the warrants of arrest. She prayed that the cash bail be forfeited to the state and the appeal be marked as abandoned.
3. The appellant has clearly absconded and failed to prosecute his appeal. In the circumstances I hereby make the following orders;i.The appeal is dismissed for want of prosecutionii.Bail be forfeited to the stateiii.The warrants of arrest remain in force.iv.Upon the appellant being re-arrested, he is to serve his sentence less the time served before his release on bail.It is so ordered.
DELIVERED, DATED AND SIGNED AT ELDORET ON THIS 25TH DAY OF JANUARY, 2023. J.W.W. MONGAREJUDGERuling delivered in open court in the presence of;1. Ms. Okok – State counsel2. Mr. Brian – Court Assistant3. Appellant – AbsentJ.W.W. MONGAREJUDGE25. 01. 2023