Warsame v Director of Public Prosecutions & another (Criminal Appeal E057 of 2022) [2024] KECA 1854 (KLR) (20 December 2024) (Judgment)

Facts

The appellant, Abdi Aziz Mohamed Warsame, sought conservatory orders to stay the execution of an order for the forfeiture of Supermatch cigarettes worth Kshs. 34,950,000 to the Kenya Revenue Authority (KRA). The appellant claimed the order infringed his constitutional rights and sought a declaration that sections 215(1) and 217(1) of the East Africa Community Customs Management Act were unconstitutional.

Issues

1. Whether sections 215(1) and 217(1) of EACCMA offended the rights to property, hearing, and judicial discretion
2. Whether the learned Judge erred in not finding that sections 215(1) and 217(1) of EACCMA conflicted with section 389A(2) of the Criminal Procedure Code
3. Whether the learned Judge erred in not finding that the petition raised matters that affected the general public
4. Whether the learned Judge erred in failing to be guided by Article 259 of the Constitution

Reasoning

The court found that the appellant was not entitled to a show cause notice as the evidence before the trial court clearly showed he was the owner of the seized goods. The court also noted that the appellant did not present any documents to support his claim before the High Court.

Outcome

Appeal dismissed

Authorities cited