[2003] KEHC 217 (KLR)

[2003] KEHC 217 (KLR)

The court found that since the respondent was acquitted and the trial magistrate ordered the release of the detained goods, and since the State had neither prosecuted the miscellaneous application inter-partes nor filed an appeal, it was unjust and unfair for the police to continue holding the respondent's property. The ex-parte order staying release was set aside due to the State's inaction, and the goods were ordered to be released forthwith and unconditionally.

Citation
[2003] KEHC 217 (KLR)
Parties
Applicant: Republic; Respondent: Patrick Muthii Gikama
Court
High Court
Court Station
High Court at Nyeri
Jurisdiction
Kenya
Judgment Date
5 December 2003
Case Number
Children Miscellaneous Application 59 of 2003
Procedural Posture
Miscellaneous Application / Ruling on Application for Release of Detained Property
Outcome
application allowed
Legal Topics
Release of Property, Detention of Goods, Criminal Acquittal, Magistrate Court Orders
Source Language
English
Criminal Law Civil Procedure Release of Property Detention of Goods Criminal Acquittal Magistrate Court Orders

Case Brief

Summary, issues, holding and outcome

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Parties

Republic

Applicant

Patrick Muthii Gikama

Respondent

Procedural Posture

Miscellaneous Application / Ruling on Application for Release of Detained Property

Legal Issues

  1. 1 Whether the continued detention of the respondent's goods by the police is lawful after acquittal and court order for release.
  2. 2 Whether the ex-parte order staying release of goods should continue in force despite inaction by the State.

Ratio Decidendi

The court found that since the respondent was acquitted and the trial magistrate ordered the release of the detained goods, and since the State had neither prosecuted the miscellaneous application inter-partes nor filed an appeal, it was unjust and unfair for the police to continue holding the respondent's property. The ex-parte order staying release was set aside due to the State's inaction, and the goods were ordered to be released forthwith and unconditionally.

Court Disposition

application allowed

Orders

  • The ex-parte orders made by Ombija J. on 31st March 2003 are set aside.
  • The applicant's goods held by the police are to be forthwith and unconditionally released to him.