Daniel Kiprop Kangongo v Republic

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 ofience of breaking into a building and committing a felony contrary to section 306(a) of the Penal Code and 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 prosecution ii. Bail be forfeited to the state iii. 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. https://new.kenyalaw.org/akn/ke/judgment/kehc/2023/239/eng@2023-01-25 1

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