Republic v Laban (Criminal Case E023 of 2024) [2026] KEHC 5059 (KLR) (16 April 2026) (Ruling)

Republic v Laban (Criminal Case E023 of 2024) [2026] KEHC 5059 (KLR) (16 April 2026) (Ruling)

On a balance of probabilities, the phones and MPESA transactions are likely to be evidence in the trial, and releasing them before evidence is taken would prejudice the prosecution's case and risk tampering.

Citation
[2026] KEHC 5059 (KLR)
Parties
Prosecutor: Republic; Accused: David Mwangi Laban
Court
High Court
Jurisdiction
Kenya
Judgment Date
16 April 2026
Case Number
Criminal Case E023 of 2024
Procedural Posture
Criminal / Pre Trial Ruling
Outcome
request declined
Legal Topics
Exhibits Retention, Proceeds of Crime, Release of Property, Bail Conditions
Source Language
English
Criminal Law Exhibits Retention Proceeds of Crime Release of Property Bail Conditions

Case Brief

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Parties

Republic

Prosecutor

David Mwangi Laban

Accused

Procedural Posture

Criminal / Pre Trial Ruling

Legal Issues

  1. 1 Whether the accused should be allowed to withdraw money from his MPESA account held as an exhibit
  2. 2 Whether the accused's phone and other personal effects should be released prior to trial

Ratio Decidendi

On a balance of probabilities, the phones and MPESA transactions are likely to be evidence in the trial, and releasing them before evidence is taken would prejudice the prosecution's case and risk tampering.

Court Disposition

request declined

Orders

  • Request for release of phone and facilitation for MPESA withdrawal by accused is declined.
  • Prosecution to forward all other items and property not retained as exhibits to the accused through his counsel.