Dilemma over cash bail, exhibit held in old currency bank note
Dilemma has locked Judiciary over the value of old Sh1000 notes held in cash bails and the admissibility of the exhibits exchanged into the new currency notes.
Director of Public Prosecution DPP Noordin Haji two weeks ago directed Ethics and anti-Corruption Commission (EACC) and other prosecution agencies to preserve the monetary value of the old Sh1000 notes held as exhibits.
In Mombasa, Magistrate Martin Rabera last Friday ordered anti-narcotic sleuths to replace Sh77, 000 old currency notes exhibit to new currency. The order also required a certificate for exchange to be issued.
Despite DPP's order, various prosecution officials were still producing the old Sh1000 notes.
The DPP also required the agencies to photocopy the notes before handing them to banks but, Article 117 of Judiciary's Criminal Procedure requires 'expert photographing of the exhibit'.
Even as value evidence of the exchanged currency may still remain, the forensic evidence may be lost by photocopying and demonetisation.
Millions of money held by the prosecution in cash bails may also lose its value if the DPP order is not implemented.
The prosecution, through various agencies, was reported to have at least Sh50million in old currency as at 20th of this month.
