In Re: Criminal Case No. 190 of 1951 in the Supreme Court of Kenya at Nairobi Entitled: Rex v Ramji and Another
In Re: Criminal Case No. 190 of 1951 in the Supreme Court of Kenya at Nairobi Entitled: Rex v Ramji and Another (Miscellaneous Criminal Application No. 13 of 1951) [1950] EACA 140 (1 January 1950)
The Court held that it lacked jurisdiction to order the restoration of Sh. 5,000 to the accused under sections 177 and 178 of the Criminal Procedure Code, as the money was not taken from the accused upon apprehension and the accused were acquitted. The attempt to import English criminal procedure via section 3(3) failed because the Code specifically covered restitution orders, precluding the application of English rules. Consent by the Crown could not validate an order made without jurisdiction. Consequently, the order for restoration was vacated, and the accused was left to pursue any civil…
Source excerpt
- Restitution Of Property
- Jurisdiction Of Criminal Courts
- Criminal Procedure Code Interpretation
- Restoration Orders
- Possessory Title In Criminal Cases