[2023] KEHC 25346 (KLR)

[2023] KEHC 25346 (KLR)

The court found that the trial court complied with the statutory procedure for forfeiture by issuing a notice to show cause and considering the applicant's response. The applicant, not being a party to the original criminal proceedings, was not entitled to appeal but could only seek revision if there was illegality, impropriety, or irregularity in the proceedings or order. The court determined that there was no such defect in the trial court's decision, as the procedure under section 389A of the Criminal Procedure Code was followed and the applicant was given an opportunity to be heard. The court also noted that the applicant's arguments regarding proportionality and innocence were...

Citation
[2023] KEHC 25346 (KLR)
Parties
Applicant: Bennah Nerima Gitau; Respondent: Republic
Court
High Court
Court Station
High Court at Nakuru
Jurisdiction
Kenya
Judgment Date
16 November 2023
Case Number
Revision Case E332 of 2023
Procedural Posture
Criminal Revision / Ruling on Application for Revision of Forfeiture Order
Outcome
application dismissed
Judges
HM Nyaga
Legal Topics
Forfeiture of Property, Criminal Procedure Revision, Forest Produce Offences, Proportionality in Sentencing
Source Language
English
Criminal Law Land and Property Forfeiture of Property Criminal Procedure Revision Forest Produce Offences Proportionality in Sentencing

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Parties

Bennah Nerima Gitau

Applicant

Republic

Respondent

Procedural Posture

Criminal Revision / Ruling on Application for Revision of Forfeiture Order

Legal Issues

  1. 1 Whether the trial court followed the correct procedure in ordering forfeiture of the applicant's motor vehicle.
  2. 2 Whether the applicant, as a non-party to the criminal proceedings, could seek revision of the forfeiture order under section 362 of the Criminal Procedure Code.
  3. 3 Whether the principle of proportionality was considered in the forfeiture order.

Ratio Decidendi

The court found that the trial court complied with the statutory procedure for forfeiture by issuing a notice to show cause and considering the applicant's response. The applicant, not being a party to the original criminal proceedings, was not entitled to appeal but could only seek revision if there was illegality, impropriety, or irregularity in the proceedings or order. The court determined that there was no such defect in the trial court's decision, as the procedure under section 389A of the Criminal Procedure Code was followed and the applicant was given an opportunity to be heard. The court also noted that the applicant's arguments regarding proportionality and innocence were...

Court Disposition

application dismissed

Orders

  • The application for revision dated September 25, 2023 is dismissed.