[2015] KEHC 2558 (KLR)
The High Court held that since the cedar posts were never produced before the trial court as exhibits, the court had no power to order their release to any claimant. The trial court's refusal to release the consignment was proper, as it did not have custody of the goods. The subsequent miscellaneous application...
Source-derived case information.
- Citation
- [2015] KEHC 2558 (KLR)
- Parties
- Applicant: Joseph Waweru; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Narok
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 1 of 2015
- Procedural Posture
- Criminal Revision / Determination of Revision Request
- Outcome
- revision request rejected
- Judges
- CW Meoli
- Legal Topics
- Forfeiture of Property, Release of Exhibits, Possession of Forest Produce
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Joseph Waweru
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Determination of Revision Request
Legal Issues
- 1 Whether the trial court had jurisdiction to order release of cedar posts not produced as exhibits.
- 2 Whether the applicant was entitled to an order for release of the cedar posts after acquittal.
- 3 Whether the lower court's refusal to release the consignment was proper.
Ratio Decidendi
The High Court held that since the cedar posts were never produced before the trial court as exhibits, the court had no power to order their release to any claimant. The trial court's refusal to release the consignment was proper, as it did not have custody of the goods. The subsequent miscellaneous application seeking release of the posts was misguided and without basis, as the original refusal was correctly made. There was no question of forfeiture arising from the court proceedings, and no legal basis for the High Court to order the Forest Officer to release the goods. The revision request was therefore rejected for lack of merit.
Court Disposition
revision request rejected
Orders
- The revision request is rejected.
- No order for release of the cedar posts is made.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAROK
CRIMINAL REVISION NO. 1 OF 2015
JOSEPH WAWERU……….………………APPLICANT
-VERSUS-
REPUBLIC………………………………RESPONDENT
ORDER ON REVISION REQUEST
1. I have called for and perused the proceedings of the lower court in Criminal Case No. 1168 of 2014 and Miscellaneous Application Number 49 of 2015 filed in the Chief Magistrate’s Court Narok.
2. The subject matter of the revision request are cedar posts which were detained by the Forestry Officer Narok and intended to be tendered as exhibits in the above criminal case. The same were never produced before the court and accused persons were subsequently acquitted of the charge of Being in Possession of Forest Produce Contrary to Section 54 (1) and (2) of the Forest Act.
3. The trial court subsequently declined on two occasions to order for the release of consignment of cedar posts to the accused persons. The chief reason was that the said consignment was not tendered before the court as an exhibit.
4. I do agree with the trial court’s reasoning. The consignment having never been placed into the custody of the court, the trial court had no power to order its release to whichever claimants came before it.
5. In my considered view Miscellaneous Application No. 49 of 2015 was misguided as it was brought subsequent to the first refusal by the court in Criminal Case 1168 of 2014. There is no basis for this court to order the sitting aside of the lower court declining order as the same was properly made.
6. There is no question of forfeiture in so far as the court proceedings are concerned. Equally, there is no basis in the context of the present application for this court to order the Forest Officer to release the stated goods. This revision request has no merit and is accordingly reject.
Written and signed at Narok this 29th day of September, 2015
C. MEOLI
JUDGE