This archive report was first published on 23 August 2020.
On August 23, 2020, the High Court delivered a significant ruling in favor of bar owners found selling alcoholic and soft drinks during curfew hours. The court ruled that the drinks seized by the police during raids cannot be forfeited to the State for destruction.
According to Justice Reuben Nyakundi, the seized drinks do not fall under the category of properties obtained from the proceeds of a crime or an offence under the Public Health Act. The judge cited Section 389A of the Code, which permits any person with an interest in the property to apply for a restoration order.
"To address this concern, Parliament provided an avenue under Section 389A of the Code, which permits any person with an interest in the property to apply for a restoration order," Justice Reuben Nyakundi said.
Justice Nyakundi emphasized that the law does not provide a clear procedure for forfeiture, and even if the court finds that the owner of the goods was innocent of the offence, the court cannot order their forfeiture.
"Keeping these principles in mind, I am unable to agree that the property seized can be classified as property from the proceeds of a crime or an offence under Section 164 of the Public Health Act," the judge said.
