Fraud investigators have been dealt a huge blow after a ruling that Courts lack jurisdiction to try suspects of crimes committed outside Kenya.
Milimani Law Courts Chief Magistrate Lucas Onyina while ruling in a gold case, said that the crime alleged to have been committed was actually committed outside the Country and therefore, he could not try the suspect.
In the case, Joseph Bedell from Liberia was arraigned in the Nairobi Court to answer charges of stealing 6.5 Kilograms of gold valued at USD 408,229.
According to court documents, the accused person on diverse dates between March and April stole the said gold at an unknown place outside Kenya.
The gold belonging to Shanmugam Sundar Darmaraju, was in transit from Liberia to Dubai.
The defence counsel challenged the court’s jurisdiction to try the suspect on an offence committed outside Kenya.
The court ruled that Section Five of the Penal Code provides that the jurisdiction of courts in Kenya extends to every place within Kenya including territorial waters.
Further, section six of the Penal Code provides jurisdiction over offences committed partly in Kenya and partly outside Kenya.
“In this case what is stated in the particulars of the offence do not fall within the Armpits of Section six of the penal code. I therefore, based on the foregoing, find that as currently drafted, this Court lacks jurisdiction to try the accused person herein in regard to count one as it is.” ruled the Court.
