Kenya Forest Service v Republic [2017] KEHC 690 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT NYAHURURU

CRIMINAL REVISION NO.23 OF 2017

KENYA FOREST SERVICE………………..………………. APPLICANT

-   V E R S U S –

REPUBLIC………………………………………………….RESPONDENT

REVISION ORDER

Kenya Forest Service moved the Senior Resident Magistrate’s Court for an order that 7 donkeys seized by the Service and 28 red cider posts be forfeited and sold by Auction.

Hon. Momanyi – Senior Resident Magistrate granted an order for forfeiture of the cider posts to Kenya Forest Service but declined to grant the order for forfeiture of the donkeys.  CIP Richard Kipyator of Kenya Forest Service has moved this court for revision of the said order for forfeiture of the donkeys. He contends that the donkeys have not been claimed by anybody; that they have no storage facility for livestock and no budgetary allocation for their upkeep.  He urges the court to order forfeiture pursuant to Section 67(6) of the Forest Conservation & Management Act 2016.

When the trial court declined to grant the order for forfeiture of the donkeys, it did not give any reasons for its decision.  The CIP has explained that the donkeys are unclaimed and they have no facilities to care for them.  I therefore revise the court’s order and do order that the donkeys are hereby forfeited to the Kenya Forest Service and should be sold by Public Auction in accordance with the law.

Signed and Dated at NYAHURURU this 7th day of November2017.

………………………………..

R.P.V. Wendoh

JUDGE