7 years for former MP

THE Supreme Court has revoked bail for former MP for then Lagaip-Porgera electorate in Enga Philip Kikala for not complying with conditions and ordered him to serve seven years in prison.
A three-man bench, comprising Justice Ere Kariko, Justice Sir Kina Bona and Justice Teresa Berrigan, also dismissed Kikala’s application for leave to appeal conviction and his appeal against conviction.
Kikala was convicted and sentenced to seven years on the charge of misappropriation in 2017. He had been on a Supreme Court bail, pending appeal since May 2018.
“It is clear to us that Kikala had no intention of progressing his appeal and was content to sit on his hands whilst on bail until threatened with the prospect of imprisonment,” the court said.
“Our finding is only strengthened when regard is given to Kikala’s repeated breaches of his bail obligations.
“These are relevant not only on the matter of revocation and forfeiture but demonstrative of his failure to act with due diligence and his disregard for the appeal process.”
On May 19, 2017, following a trial, Kikala was found guilty with four counts of misappropriating K1,107,100 belonging to the people of Lagaip-Porgera and was sentenced to seven years.
The court had ordered that five years of the sentence would be deducted if he repaid the full amount of K1,107,100 at any time.
Kikala then filed an application for leave to appeal conviction and an appeal against conviction.
After lodging his appeal, Kikala applied for bail before Justice Elenas Batari in 2018.
On May 25, 2018, the court granted him K10,000 bail with conditions which included taking all necessary steps to prepare and prosecute his appeal by the date of the first anniversary of his sentence, being Nov 2, 2018.
On Sept 20, 2022, the public prosecutor filed the application to dismiss his appeal and to revoke Kikala’s bail, and to forfeit his and his guarantors’ bail monies.
“There is no dispute that there has been a delay of more than five-and-a-half years since Kikala filed his appeal and application for leave to appeal,” the court said.
“Neither the appeal book nor its index is yet to be compiled.
“Kikala’s assertion in his affidavit of Oct 21, 2022 that he has compiled a draft appeal book which is with the public prosecutor.”