Alcohol seized as exhibits can't be forfeited to State, rules judge

A crate full of beer bottles [Photo: Shuttertstock]

The High Court has saved bar owners found selling alcoholic and soft drinks during curfew hours from forfeiting exhibits to the State for destruction. This is because 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.

"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. The section provides that any goods or things may be (but are not obliged to be) forfeited by a court. However, the law does not provide the procedure by which forfeiture is to be effected.