Ezekiel Kangogo v Republic [2021] KEHC 9627 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT KABARNET

CRIMINAL APPEAL NO 24 OF 2019

EZEKIEL KANGOGO.................................................APPELLANT

VERSUS

REPUBLIC..................................................................RESPONDENT

(Being an appeal from the original sentence of Hon V.O. Amboko, RM, dated 1st March 2019 in Criminal Case No 623 of 2019 in the Senior Principal Magistrate’s Court at Kabarnet, Republic v Ezekiel Kangogo)

JUDGMENT

In his petition to this court, the appellant has challenged his sentence of two years’ imprisonment in respect of the offence of assaulting a police officer contrary to section 253 of the Penal Code (Cap 63) Laws of Kenya, being count 1.

In count 2 the appellant was sentenced to 3 years’ imprisonment for aiding a prisoner to escape contrary to section 124 (a) of the Penal Code (Cap 63) Laws of Kenya.

Both sentences were ordered to run concurrently.

Mr. Mongare for the respondent left the issue of sentence to the court to decide.

In his mitigation in this court the appellant submitted as follows. He is a first offender with a family that depends upon him. The appellant also has stated that he has acquired new skills in prison that he wants to put into practice if he is released.

Furthermore, the appellant has also urged the court to take into account both the remand and prison custody in terms of section 333 (2) of the Criminal Procedure Code (Cap 75) Laws of Kenya.

I have considered the mitigation of the appellant and the aggravated nature of the offences committed. I find that the appellant was arrested on 21/7/2018 and has been in prison as a convict from 21/7/2019 to date, which in totality translates to a period of about two and half years. This has to be taken into account as mandatorily required by section 333 (2) of the Criminal Procedure Code (Cap 75) Laws of Kenya.

In the light of the foregoing, I find that the ends of justice have been met.

In the premises, the appellants appeal succeeds with the result that he is hereby ordered released unless held on other lawful warrants.

Judgment dated, signed and delivered in open court at Kabarnet this 27th day of January 2021.

J M BWONWONG’A

JUDGE

In the presence of:

Mr. Kemboi Court Assistant.

Appellant in person present.

Mr. Mong’are for the Respondent.