[2013] KEHC 4619 (KLR)
The court found that the trial court had no basis to order the return of the petroleum products to the accused for storage. Given the accused's lack of remorse and recent prior record, the proper course was to forfeit the petroleum products to the State. The court emphasized the importance of considering the...
Source-derived case information.
- Citation
- [2013] KEHC 4619 (KLR)
- Parties
- Applicant: Republic; Respondent: Meshack Omondi Ogolla
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Revision Case 800 of 2012
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- Petroleum products forfeited to the State; trial court order set aside.
- Judges
- HK Chemitei
- Legal Topics
- Forfeiture of Exhibits, Repeat Offender, Sentencing Considerations
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Meshack Omondi Ogolla
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the trial court erred in ordering the return of the petroleum products exhibit to the accused for storage.
- 2 Whether the petroleum products should be forfeited to the State given the accused's prior record.
Ratio Decidendi
The court found that the trial court had no basis to order the return of the petroleum products to the accused for storage. Given the accused's lack of remorse and recent prior record, the proper course was to forfeit the petroleum products to the State. The court emphasized the importance of considering the accused's criminal history and the nature of the exhibits when making such orders, concluding that forfeiture was warranted in the circumstances.
Court Disposition
Petroleum products forfeited to the State; trial court order set aside.
Orders
- The petroleum products be and are hereby forfeited to the State.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
High Court at Kisumu
Revision Case 800 of 2012 [if !mso]> <style> v:* {behavior:url(#default#VML);} o:* {behavior:url(#default#VML);} w:* {behavior:url(#default#VML);} .shape {behavior:url(#default#VML);} </style> <![endif]
REPUBLIC …......................................................................................APPLICANT
VERSUS
MESHACK OMONDI OGOLLA …...............................................RESPONDENT
RULING
I have perused the proceedings in criminal cases number 627 of 2012 and 681 of 2012 as well as the letter from the State Counsel dated 15th August 2012. There was no basis at all for the trial court to have ordered the exhibit to be returned to the accused for proper storage.
Taking in totality the entire proceedings in the two (2) files I do order that the Petroleum products be and are hereby forfeited to the State.
The accused never appeared to be a remorseful offender and the court ought to have taken into consideration the previous record which was hardly less than a fortnight.
Orders accordingly.
Dated, signed and delivered at Kisumu this 25th day of March 2013
H.K. CHEMITEI
JUDGE
In the presence of:
…...................................for State Counsel
…..................................for the Respondent
HKC/aao
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