[2019] KEHC 11820 (KLR)
The court found that the DCI had failed to comply with its earlier directive to conclude investigations within thirty days and to provide an inventory of the applicant's property. The continued retention of the applicant's property, including a motor vehicle, academic documents, and mobile phones, was deemed...
Source-derived case information.
- Citation
- [2019] KEHC 11820 (KLR)
- Parties
- Applicant: A I O; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 887 of 2018
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- application allowed
- Judges
- LK Kimaru
- Legal Topics
- Property Recovery, Investigative Powers, Constitutional Rights, Unlawful Detention of Property
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
A I O
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the Directorate of Criminal Investigation (DCI) is justified in continuing to hold the applicant's property after the lapse of the investigation period ordered by the court.
- 2 Whether the continued retention of the applicant's property infringes on his constitutional right to own and possess property.
Ratio Decidendi
The court found that the DCI had failed to comply with its earlier directive to conclude investigations within thirty days and to provide an inventory of the applicant's property. The continued retention of the applicant's property, including a motor vehicle, academic documents, and mobile phones, was deemed unjustified and a violation of the applicant's constitutional right to property. The court held that investigations cannot be indefinite and that the DCI had no legal basis to continue holding the property. Accordingly, the court ordered the immediate release of the listed items to the applicant.
Court Disposition
application allowed
Orders
- The Directorate of Criminal Investigation is ordered to release to the applicant motor vehicle Registration No. KCG 151X Toyota Prado, Pink file, Kampala University degree certificate plus academic transcript, and the 4 Samsung mobile phones with immediate effect.
Full Case Text
Judgment text and source record
12 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
CRIMINAL DIVISION
CRIMINAL REVISION NO.887 OF 2018
A I O............................................................APPLICANT
VERSUS
REPUBLIC...............................................RESPONDENT
RULING
On 18th July 2019, this court ordered the Directorate of Criminal Investigation (DCI) to prepare an inventory of the items that it was holding in its possession that was recovered from the Applicant that related to the pending case before the trial magistrate’s court. The court further ordered that if there were any pending investigations, that the same should be concluded within thirty (30) days from the date of this Ruling. It is now apparent that the DCI is still holding some of the properties belonging to the Applicant on the pretext that investigations are still ongoing. Investigations cannot go on forever. The court forms the view that the DCI is holding the properties listed in Paragraph 2 of the application dated 17th September 2019 without any legally justifiable cause. It is in the interest of justice that the said property be restored to the Applicant as his constitutional right to own and possess property has been infringed. The Applicant’s application is hereby allowed. The DCI is ordered to release to the Applicant motor vehicle Registration No.KCG 151X Toyota Prado, Pink file, Kampala University degree Certificate plus academic transcript and the 4 mobile phones (make Samsung) with immediate effect. The DCI has no legal justification to continue holding the said property. It is so ordered.
DATED AT NAIROBI THIS 18TH DAY OF SEPTEMBER 2019
L. KIMARU
JUDGE