[2023] KEHC 1780 (KLR)

[2023] KEHC 1780 (KLR)

The High Court held that it is not the proper forum for an inquiry into property retained by the trial court. The applicant, having been convicted and sentenced by the trial court, must seek redress regarding the motorcycle before that same court, which retains jurisdiction over exhibits and property related to the...

Source-derived case information.

Citation
[2023] KEHC 1780 (KLR)
Parties
Applicant: Cornel Odongo Obondo; Respondent: Republic
Court
High Court
Court Station
High Court at Siaya
Jurisdiction
Kenya
Case Number
Miscellaneous Criminal Application E018 of 2023
Procedural Posture
Miscellaneous Criminal Application / Ruling
Outcome
application dismissed
Judges
RE Aburili
Legal Topics
Robbery With Violence, Property Inquiry, Criminal Procedure, Conviction, Sentencing
Source Language
en
Criminal Law Robbery With Violence Property Inquiry Criminal Procedure Conviction Sentencing

Source-derived case record

Summary, issues, holding and outcome

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Parties

Cornel Odongo Obondo

Applicant

Republic

Respondent

Procedural Posture

Miscellaneous Criminal Application / Ruling

Legal Issues

  1. 1 Whether the High Court is the proper forum to inquire into the applicant's property (motorcycle) retained by the trial court.
  2. 2 Whether the applicant should seek redress before the trial court regarding the property.

Ratio Decidendi

The High Court held that it is not the proper forum for an inquiry into property retained by the trial court. The applicant, having been convicted and sentenced by the trial court, must seek redress regarding the motorcycle before that same court, which retains jurisdiction over exhibits and property related to the criminal proceedings. The application before the High Court was therefore procedurally misplaced and could not be entertained on its merits. The court dismissed the application and directed the applicant to approach the trial court for any further orders regarding the property.

Court Disposition

application dismissed

Orders

  • The application is dismissed.
  • The applicant is advised to file an application before the trial court for consideration on its merit.