This archive report was first published on 23 August 2020.
On March 31, 2020, at 19:30 hours, Jones Nzioka and Titus Kareithi were arrested in Malindi Sub-county for selling assorted drinks at Connection Bar and Amigos in contravention of the Ministry of Health guidelines on the prevention and control of COVID-19.
They pleaded guilty before the trial magistrate and were duly convicted and sentenced to a fine of Sh20,000 each and in default one-month imprisonment. The magistrate then ordered that they forfeit the inventory exhibits to the State for destruction under the supervision of the court.
However, in a case that has saved bar owners from forfeiting exhibits to the State for destruction, the High Court has ruled that the drinks seized by the police during raids are not classified as properties obtained from the proceeds of a crime or an offence under the Public Health Act.
According to Justice Reuben Nyakundi, the law does not provide the procedure by which forfeiture is to be effected, and the owner of the goods or things has to be notified and given a chance to argue their case.
"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 Nyakundi said.
