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Criminal Law [2025] KEMC 67 (KLR)

Republic v Kasomi & 2 others

Republic v Kasomi & 2 others [2025] KEMC 67 (KLR)

Court
Magistrate's Court
Case number
Criminal Case E481 of 2024
Judge
YA Shikanda

The court has jurisdiction and discretion to order the release of property under Section 177 of the Criminal Procedure Code, even if not yet formally produced as an exhibit. However, this discretion must be exercised judiciously, especially in cases involving forfeiture offences, where releasing property intended as a key exhibit and potentially subject to forfeiture before the trial concludes may prejudice the trial and lead to a miscarriage of justice.

Source excerpt

  • Release Of Exhibits
  • Forfeiture Of Property
  • Jurisdiction Of Magistrates Courts
  • Wildlife Offences
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Criminal Law [2025] KEMC 57 (KLR)

Republic v Ochieng & another; Mbago (Applicant)

Republic v Ochieng & another; Mbago (Applicant) [2025] KEMC 57 (KLR)

Court
Magistrate's Court
Case number
Criminal Case E926 of 2024
Judge
YA Shikanda

A magistrate's court has jurisdiction and discretion under Section 177 of the Criminal Procedure Code and Section 20 of the Narcotic Drugs and Psychotropic Substances (Control) Act to order the release of a motor vehicle linked to a criminal case, even if it is intended as an exhibit and potentially subject to forfeiture, provided the legal owner applies and the court is satisfied the owner was not privy to its use in the commission of the offence.

Source excerpt

  • Release Of Exhibits
  • Forfeiture Of Property
  • Locus Standi
  • Criminal Procedure
  • Ownership Disputes
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Criminal Law [2025] KEHC 4049 (KLR)

Kirimi v Director of Public Prosecution

Kirimi v Director of Public Prosecution [2025] KEHC 4049 (KLR)

Court
High Court
Case number
Criminal Miscellaneous Application E043 of 2024
Judge
HM Nyaga

The High Court conditionally ordered release of a seized motorcycle after narcotics-related interception, requiring ownership documents and rider details first.

  • Forfeiture Of Property
  • Narcotic Drugs
  • Seizure Procedure
  • Release Of Exhibits
  • Narcotics-seizure
  • Forfeiture-of-property
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Civil Procedure [2025] KEHC 3396 (KLR)

Ethics & Anti-Corruption Commission v Ochiel & 4 others

Ethics & Anti-Corruption Commission v Ochiel & 4 others [2025] KEHC 3396 (KLR)

Court
High Court
Case number
Anti-Corruption and Economic Crimes Civil Suit E024 of 2022
Judge
LM Njuguna

The Applicant's application for stay of proceedings and related orders is incompetent because a similar application is pending before the Court of Appeal, rendering the present application sub judice.

Source excerpt

  • Stay Of Proceedings
  • Locus Standi
  • Sub Judice
  • Forfeiture Of Property
  • Interested Party Rights
  • Security Interest
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Civil Procedure [2025] KEHC 1756 (KLR)

Assets Recovery Agency v Tanui & 2 others; Sugut Also known as Jemwolo Kobot Kiplamui & 13 others (Interested Parties)

Assets Recovery Agency v Tanui & 2 others; Sugut Also known as Jemwolo Kobot Kiplamui & 13 others (Interested Parties) [2025] KEHC 1756 (KLR)

Court
High Court
Case number
Civil Suit E009 of 2024
Judge
LM Njuguna

The court found that there was an error apparent on the face of the record in its previous judgment regarding the forfeiture of specific land portions and their acreages, which met the legal threshold for review under Order 45 Rule 1 of the Civil Procedure Rules.

Source excerpt

  • Review Of Judgment
  • Proceeds Of Crime
  • Forfeiture Of Property
  • Error On Face Of Record
  • Anti Money Laundering
  • Public Officer Corruption
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Criminal Law [2025] KEHC 233 (KLR)

Gitau & 2 others v ODPP & 2 others

Gitau & 2 others v ODPP & 2 others [2025] KEHC 233 (KLR)

Court
High Court
Case number
Criminal Miscellaneous Application E228 of 2024
Judge
JM Nang'ea

The High Court struck out an application for release of seized property, finding it repeated a matter already dismissed by the trial court and was an abuse of process.

  • Release Of Exhibits
  • Abuse Of Process
  • Forfeiture Of Property
  • Abuse-of-process
  • Release-of-exhibits
  • Criminal-procedure
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Criminal Law [2025] KEMC 65 (KLR)

Republic v Njoroge

Republic v Njoroge [2025] KEMC 65 (KLR)

Court
Magistrate's Court
Case number
Criminal Case E2521 of 2024
Judge
PA Ndege

The magistrate held that the court lacked jurisdiction to release a motor vehicle not produced as an exhibit, and dismissed the application for release.

  • Forfeiture Of Property
  • Release Of Exhibits
  • Jurisdiction Of Court
  • Criminal Procedure
  • Criminal-procedure
  • Release-of-exhibits
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Criminal Law [2024] KEHC 15331 (KLR)

Republic v Bor; Kenya Revenue Authority (Interested Party)

Republic v Bor; Kenya Revenue Authority (Interested Party) [2024] KEHC 15331 (KLR)

Court
High Court
Case number
Criminal Revision E007 of 2024
Judge
AC Bett

The High Court held that the trial court lacked jurisdiction to order the release of the seized truck because the Respondent had not exhausted the statutory dispute resolution mechanisms provided under Section 229(1) of the East African Community Customs Management Act. The Respondent was required to first seek review from the Commissioner of Customs before approaching the court. The trial court also erred by releasing the truck, which was an exhibit and potential subject of forfeiture, before it was produced in evidence in the pending criminal case. Furthermore, the Interested Party (Kenya R…

Source excerpt

  • Forfeiture Of Property
  • Exhaustion Of Statutory Remedies
  • Supervisory Jurisdiction
  • Exhibits In Criminal Proceedings
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Criminal Law [2024] KEHC 14546 (KLR)

Republic v Wandaka

Republic v Wandaka [2024] KEHC 14546 (KLR)

Court
High Court
Case number
Criminal Appeal E102 of 2024
Judge
TA Odera

The court found that the appellant's appeal was properly before it under section 348A of the Criminal Procedure Code, as it contested the acquittal of the respondent. The grounds of appeal, particularly regarding the denial of adjournment and the right to be heard, were deemed arguable. The court held that releasing the vehicles before the appeal is determined could render the appeal nugatory, especially since the vehicles were allegedly used in conveying uncustomed goods and may be subject to forfeiture under the East African Community Customs Management Act. The court also considered the pu…

Source excerpt

  • Stay Of Execution
  • Right To Fair Trial
  • Forfeiture Of Property
  • Appeals By Odpp
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Criminal Law [2024] KEHC 13049 (KLR)

Njeri v Republic & another

Njeri v Republic & another [2024] KEHC 13049 (KLR)

Court
High Court
Case number
Criminal Miscellaneous Application E259 of 2020
Judge
LN Mutende

The High Court quashed a forfeiture order over motor vehicle KCA 516X, holding that the registered owner was not given notice or a hearing before forfeiture.

  • Forfeiture Of Property
  • Procedural Fairness
  • Right To Be Heard
  • Supervisory Jurisdiction
  • Ownership Of Property
  • Forfeiture-of-property
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About this LexChat collection

Kenya decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.