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Kenya decisions
Decisions matching the current search
Director of Public Prosecution v Amwayi [2023] KEHC 26307 (KLR)
The High Court dismissed a revision application against release of a motorcycle held as an exhibit, finding no illegality or impropriety in the trial court’s order.
Dickson Natsio Mukuba v Republic [2017] KEHC 6699 (KLR)
The High Court dismissed an application for restitution of property under section 177 of the Criminal Procedure Code, finding the property was not in police custody.
Republic v Jackline Kamene Mbithi [2016] KEHC 2147 (KLR)
The High Court set aside a magistrate’s order requiring third parties to hand over cattle, but upheld the accused’s acquittal and repayment of Kshs 37,500.
DAVID MUIGAI MACHERU v KENYA FOREST SERVICE & Another [2012] KEHC 5234 (KLR)
The court held that Section 177 of the Criminal Procedure Code does not require property to have been produced as an exhibit before the court can make orders regarding it, provided it was taken from the accused upon apprehension. Since the criminal proceedings against the appellant were terminated by nolle prosequi before any evidence was led or the sandalwood produced in court, there was no legal basis for the trial court to order its destruction. The presumption of innocence remained, and punitive measures such as forfeiture or destruction could not be justified without a conviction. The as…
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ALI MOHAMED WANJALA v REPUBLIC [2009] KEHC 1366 (KLR)
The High Court dismissed an application for return of KShs.250,000, finding the applicant failed to prove police took the money on arrest.
AUGUSTINE AZUBUIKE NWANGWA v REPUBLIC [2007] KEHC 3549 (KLR)
The High Court struck out a Chamber Summons seeking release of property used as exhibits in a criminal case, holding the trial court was the proper forum.
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