REPUBLIC vs PATRICK MUTHII GIKAMA [2003] KEHC 217 (KLR)
- Court
- High Court of Kenya
- Case number
- 217
- Citation
- [2003] KEHC 217 (KLR)
- Decided
- 5 December 2003
The court finds that the state has not taken any action to have the miscellaneous application heard and determined or to file an appropriate appeal, and thus it is neither fair nor just for the police to continue to hold the applicant's goods.
Facts
The applicant was charged with contravening section 46(1) of the liquor licensing Act, but was acquitted and ordered to be released. The state moved to dismiss the acquittal and order release of the goods, which was set aside by the court.
Issues
- Whether the court should order the release of the applicant's detained goods
- Whether the state's motion to dismiss the acquittal and order release of the goods should be allowed
Reasoning
The court considers that the state has not taken any action to have the miscellaneous application heard and determined, nor has it filed an appeal against the orders made by the Senior Resident Magistrate.
Outcome
The court dismisses the application and orders the applicant's goods to remain detained.
Orders
- The court dismisses the application to release the applicant's goods
Authorities cited
Legislation (2)
- Criminal Procedure Code
- Liquor Licensing Act
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