[2014] KEHC 3636 (KLR)
The court found that since the applicant was acquitted under section 210 of the Criminal Procedure Code and there was no order for forfeiture of the exhibits to the state, the continued retention of the exhibits by the state was improper. The court held that the exhibits, namely a power saw, two hundred pieces of...
Source-derived case information.
- Citation
- [2014] KEHC 3636 (KLR)
- Parties
- Applicant: Samuel Ndirangu Waruru; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nyeri
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 69 of 2010
- Procedural Posture
- Criminal Revision / Ruling on Application for Revision of Lower Court Order
- Outcome
- application for revision allowed
- Legal Topics
- Criminal Revision, Release of Exhibits, Acquittal, Forfeiture of Property
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Samuel Ndirangu Waruru
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Revision of Lower Court Order
Legal Issues
- 1 Whether the lower court erred in refusing to release exhibits to the accused after acquittal.
- 2 Whether the exhibits should be released to the applicant or forfeited to the state.
Ratio Decidendi
The court found that since the applicant was acquitted under section 210 of the Criminal Procedure Code and there was no order for forfeiture of the exhibits to the state, the continued retention of the exhibits by the state was improper. The court held that the exhibits, namely a power saw, two hundred pieces of timber, and twenty-five pieces of off cuts, should be released to the applicant forthwith. The revision was allowed to correct the lower court's error in refusing to release the property.
Court Disposition
application for revision allowed
Orders
- Exhibit No. 1 - Power saw to be released to the applicant forthwith.
- Exhibit No. 2 - Two hundred pieces of timber to be released to the applicant forthwith.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NYERI
CRIMINAL REVISION CASE NO. 69 OF 2010
SAMUEL NDIRANGU WARURU ........................................APPLICANT
versus
REPUBLIC ....................................................................RESPONDENT
REVISION
By a letter dated 13th September 2010 the applicant through his advocate moved the court under section 362 of Criminal Procedure Code for revision to ascertain his constitutional, correctness legality or propriety of the lower courts order in refusing to release the exhibits held by the state to the accused person.
The accused person was acquitted under section 210 of CPC of the charges of removing of forest produce contrary to section 52(1)(a) of the Forest Act Cap 385 Laws of Kenya and that the court did not order for forfeiture of the said exhibits to the state or release of the same to the applicant.
I therefore revise the ruling herein by Hon. S. Muketi the Chief Magistrate on 7th September 2010 and order that the exhibit herein listed as:
Exhibit No. 1 - Power saw
Exhibit No. 2 - two hundred pieces of timber
Exhibit No. 3 - twenty five (25) pieces of off cuts be released to the applicant forthwith.
Dated and delivered at Nyeri this 31st day of July 2014.
J. WAKIAGA
JUDGE