[2013] KEHC 1314 (KLR)
The court found that transporting the delicate goods (tiles) from Nairobi to Voi would present logistical difficulties and risk damage. To ensure the effective administration of justice and preservation of evidence, the court determined it would be more practical for the inspection to be conducted at the location in...
Source-derived case information.
- Citation
- [2013] KEHC 1314 (KLR)
- Parties
- Applicant: Director of Public Prosecution; Respondent: Sky Blue Hardware Premises
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 131 of 2013
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- order_varied_in_part
- Judges
- GO Shikwe
- Legal Topics
- Criminal Revision, Court Orders Variation, Jurisdiction, Evidence Handling
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Director of Public Prosecution
Applicant
Sky Blue Hardware Premises
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the order requiring the return of seized goods to Voi Court should be varied due to logistical challenges.
- 2 Whether inspection of the goods can be conducted at Nairobi instead of transporting them to Voi.
Ratio Decidendi
The court found that transporting the delicate goods (tiles) from Nairobi to Voi would present logistical difficulties and risk damage. To ensure the effective administration of justice and preservation of evidence, the court determined it would be more practical for the inspection to be conducted at the location in Nairobi where the goods are stored. The police were directed to facilitate the court's visit to the locus in quo. The trial magistrate's order was varied only to this extent, with all other orders to remain in force.
Court Disposition
order_varied_in_part
Orders
- The order requiring the return of goods to Voi Court is varied to allow inspection at the Nairobi location where the goods are stored.
- Police to make necessary arrangements for the court visit to the locus in quo in Nairobi.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MOMBASA
CRIMINAL REVISION NO. 131 OF 2013
DIRECTOR OF PUBLIC PROSECUTION …......….................….. APPLICANT
VERSUS
SKY BLUE HARDWARE PREMISES ……….……..................…RESPONDENT
RULING
The application for revision is brought by the prosecution seeking orders that the execution of the order issued by the magistrate Hon. Nyakundi on 2nd October, 2013 Voi cannot be revised and vary the order to the effect that a Court with jurisdiction at Nairobi County does the conduct the inspection and report to Voi law Courts.
I have called for and perused the record of proceedings and the lower court. The order complained of is to the effect that the goods seized pursuant to the order made by the Court be returned to the jurisdiction of Voi Court within fourteen (14) days from the date the order was granted.
It is argued by the prosecution that the goods in question are tiles which are delicate in nature and transporting them to Voi would not only incur transportation costs but also considerable damage.
I do find that there are logistical problems in transporting the goods back to Voi Court from Nairobi. It would be more manageable for the Court to make arrangements to visit the Locus in quo where the goods are stored in Nairobi. The police to make the necessary arrangements for the Court visit.
The orders of the trial magistrate varied to that extent only. The other orders to be complied with.
Ruling delivered dated and signed in open court this 8th day of November, 2013.
…..................
M. MUYA
JUDGE
8TH NOVEMBER, 2013
In the presence of:-
Learned Counsel for the defence Mr. Oloo holding brief Gatundu
Learned State Counsel Miss Ogweno