Court dismisses businessman's application to have his Sh2 billion back

A Nairobi court has dismissed an application by a lawyer seeking to have Sh2 billion the police are holding as exhibit released to him.

High Court judge John Mativo yesterday ruled that Eric Adede had failed to produce enough evidence showing that the exhibits do not form part of the prosecution evidence.

“Such evidence is then considered to be in custody of the court until the final disposition of the case either by the lower court or where an appeal is preferred, by the final appellate court. On this ground alone, the orders sought are not available,” ruled Mativo.

Mativo said evidence seized for the use of exhibits in criminal proceedings is generally held by the police or prosecuting authority until it is formally introduced into evidence during the trial of an accused person.

“It is an invitation of the court to evaluate the evidence to be presented before the lower court and determine whether the said US Dollars are genuine or not. With tremendous respect that is the function of the lower court,” ruled Mativo.

In the application, Mr Adede had sued the Director of Criminal Investigations, Barclays Bank of Kenya Limited and the Director of Public Prosecutions, who claimed the money was fake and was to be produced as evidence in the case.

He was seeking an order directing the DCI to produce all the contents of safety box from Barclays containing the money.