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Kisii Law Court Exhibits Committee Report Flipbook PDF
The objective of the committee was to identify the weaknesses in the management of archives and exhibits, come up with r
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STATUS OF KISII LAW COURTS ARCHIVES AND EXHIBITS 2019
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Terms of reference. Kisii Law Courts Exhibits and Archives committee was formed and commissioned by Hon N. L Lutta, Chief Magistrate. He also asked the committee to come up with a report pertaining to the subject matter. COMMITTEE MEMBERS
SIGNATURE
1. Hon Dorcas Mac’andere, RM, Chair of the Committee ………………….. 2. Mr. Richard Otene
…………………..
3. Mr.Jomo Andanje
…………………..
4. Ms Naomi Chemosop
…………………..
5. Mr Francis Muiruri Mwangi
…………………..
6. Mr John Rioba
…………………..
Report prepared By Mr. Richard Otene and Edited By Mr. Francis M. Mwagi . Introduction The purpose of the committee was to identify the weaknesses in the management of archives and exhibits, come up with rafts of measures of curing these weaknesses and also come up with recommendations that shall act as a future point of reference in the management of archives and exhibits. Main findings and observation Limited space. Laxity in marking of exhibits by the court assistants before handing over to the archivist. The exhibit stores are not well arranged. Untidy stores. Fumigation has never been done. Some exhibits are stored together with the case files Lack of proper maintenance of exhibits registers by the court assistants. Not all money exhibits are surrendered to the cash office. Lack of proper maintenance of Master Exhibits Register.
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Congestion of exhibits stores is due to lack of orders on the mode of disposal or return of the same. Too many annexed exhibit stores. For example, some exhibits are stored at the typing pool and ELC Judge chambers. Observation The Archives section has 4 stores which are used to keep concluded case files from all High Court Registries and Chief Magistrates Court Registries. Exhibits are stored in other areas; adjacent to court cell and in a container next to court number two. Some cash exhibits are in the custody of the accountant, all title deeds and log book exhibits are in the custody of the Court Administrator. Status of the exhibits It was noted that the exhibits were in a deplorable state. It was felt there was need to identify individuals who would assist in cleaning the stores, arranging and tagging the exhibits, identify the status of the cases related to the exhibit and identify the exhibits that whose matters have been concluded so as to explore ways in which such exhibits can be disposed including by way of public auction The committee agreed to incorporate students on attachment to assist in the above mentioned exercise. Upon kick off of the exercise, the following exhibits were identified. Care was taken to ensure that all exhibits were clearly labelled and tagged EXHIBITS STORE (ONE) N0.
EXHIBITS NAME
CASE NO.
QUANTITY/AMO UNT
1
A Stool
CR 2036/12
1
2
Cannabis Sativa
CR 2336/18
1
3
Ladies Innerwear
CR 1358/13
1
4
Electric Wire
CR 124/12
1
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5
Weighing Machine
CR 3415/16
1
6
Clothes
CR 1927/13
1
7
Axe
HCCR 29/18
1
8
A bag with Cannabis 641/175/18
1
Sativa 9
4 horns in a polythene CR 3195/16
1
paper 10
A Rungu
HCCR 113/13
1
11
A bag
EACC 2/2017
1
12
A basin/ Karai with a CR 559/2016
1
Dismantled power saw 13
A meter box with a CRC 3039/14
1
cable 14
A
black
bag
with CRC 1206/12
1
dismantled toy gun, screw and a knife & gloves 15
A number plate KAT CRC 53/13
1
048P 16
An
Envelope
with S. O 27/17
1
clothes 17
A Jembe
CR 641/122/2011
18
A Torch, Panga and A CR 691/14/2008
A1 2
rungu
HCCR 7/2018
19
A Panga
HCCR 8/2019
1
20
A Panga
CRC 291/14
1
21
A burnt cloth wrapped GCM 115/2018 KKL
1
in a pink cotton bag 22
An
Envelope
with HCCR 19/018
1
Slippers and a Can 23
A Panga
HCR 17/015
1
24
Petroleum
HCCR 19/018
1
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25
An
envelope
with HCCR 10/17
1
Bhang 26
A sew saw
CR 2898/18
1
27
A Panga
CR 615/50/2017
1
HCCR 10/2017 28
An envelope with a CR 1379/17
1
panga and 2 sticks 29
1 Kg Cannabis sativa
CR 1909/19
1
30
Dura Coat Tin
CR 2898/18
1
31
A Spade
CR 2898/18
1
32
2 Brooms
C.F 2508/19
2
33
A Bhang in a green CR 156/18
1
cotton bag 34
3 sticks
CR 1846/17
1
35
Panga
CR 348/19
1
36
Weighing
Scale,
4 CR 1233/16
2
light CR 2097/17
1
stones 37
New structures green suck
38
Blankets, Sufuria and a CR 3161/16
3
Jembe in a blue suck 39
Yellow cape, brown CRC 215/13
1
trouser, short sleeved shirt, panga 40
Clothes
CRC 215/13
1
41
Cigarettes supermatch, HCR 25/10
3
translucent
paper,
clothes in a black basin 42
White Suck
43
Cables, Marvin in a CRC 2112/13 white Paper
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CRC 230/11
1 2
44
Assorted
Cloth
and CR 95/19
2
metal bar(iron) in a white suck 45
Clippers in a suck
CR 1186/19
2
46
Chemist Medicine in a CR 755/13
1
box {1} 47
Broken Radio Box {2}
CRC 3499/16
2
48
3 Pangas, Mallet
CR 1221/17
2
49
Cannabis sativa in a CR 2369/19
2
brown bucket 50
Maasai Rungu, Blood CR 16/19 Stained
Stick,
3
Blood
Stained Bedsheet 51
Pangas, bunch of keys CR 3341/18
3
and hummer 52
Hawk Saw, Clippers, CR 1123/18
3
Pliers 53
Cellotape, Cape {white, CR green} 1224/17
10
Red bags, 1 bottle containing chemical, chemicals, light blue shirt, testtube, empty bottle, black nylon paper wrapped with white paper, 18 smoked paper size of one thousand note and 1 counter book (black) 54
Dotted Airtime credit CR 1443/18
2
{Safaricom} & Broken bucket 55
24 cans of fish food
CR 2091/17
1
56
Cannabis Sativa
CR 2193/18
1
57
Sufuria,
and CR 2986/15
3
Clothes
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shoes
58
Rungu
HCCR 124/12
1
59
Clothes
CRC 431/16
1
60
Fencing wire in a white CRC 1706/12
1
Nylon Paper 63
Jacket in a light blue CRC 1340/01
1
Nylon Paper 64 65
Clothes
SO 44/17
Black bag with Assorted CR 235/18
1
items 66
Clothes in a black bag CR 3150/03
67
Clothes
B 240/11
68
Slippers and Clothes
69
Blue
Jeans
CRC 2911/14
trouser, CR 845/17
2 2
bundle of fake notes (146,00) 70
Primary Uniform
HCR 63/12
71
Clothes
CRC 30/17
72
Yellow
Container HCCR 41/2018
paint 73
Clothes
in
green CR 227/16
Polythene 74
Cloth in a green black
CR 402/16
1
75
Clothes, DVD in a light CR 107/17
2
green sheet 76
Gas Pipe, 2 decoders CR 1579/19
3
{GOTV} & iron box 77
Clothes
in
a
nylon CRC 1303/15
1
Paper 78
Inner
Wear
{2}
& SO 19/17
3
handkerchief 79
2 Bottles of soda in a CMCC 356/12 box
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2
80
Black Whooper
CRC 3565/16
1
81
Sickle
CR 1994/18
1
82
Panga
CR 1366/18
1
83
Cloth in a green Carrier CR 1994/18
1
bag 84
DVD and Spoon
CRC 3618/14
2
85
Knife
HCCR 34/19
1
86
15kg Cannabis Sativa
CR 1206/19
1
87
Cannabis Sativa in a CR 2333/19
1
blue bag 88
Yellow crate of beer PCR 545/17
2
with 1 bottle of legend Brandy
IDENTIFED EXHIBITS WITHOUT CASE NUMBERS No.
Items
Amount/Quantity/T AG Mark
1
Yellow Bucket
10 litre
2
Transformer
1
3
Cannabis Sativa
1 Envelope
4
Pool Sticks
3 Pcs
5
Power Saw blade
1 pc
6
A Cotton bag{blue}
1 pc
7
Panga’s
3 pcs
8
Computer Monitor
1
9
Crate with bottles
7
10
Crate of Beer
1
11
2 Baskets with a Knife
1
12
A battery
1
13
Knife
1
14
Red Bucket
1
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15
Create
{2}
with
empty 2
bottles of beers 16
Pistol “B” toy
(LAB 506/12w) 1
EXHIBITS STORE TWO (CELLS STORE) The store is situated within the Court cells and has limited accessibility. The store can only be accessed only when the accused persons have been take back either to the police cells at the police station or prison. This store is in a deplorable state as shown below. Some of the exhibits have been tampered with by rodents and or pests.
In order to reverse the deplorable state, the store was cleaned, the exhibits were well arranged and taged.
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The following listed exhibits were identified in the above mentioned store;
NO EXHIBITS NAME
CASE NO
QUANTITY
1
HCCR 31/18
1
Panga Exh. 6 Trouser
1
2
Sea food/fish food
CR 1172/19
5 pcs
3
Empty Crate of Beer (Black)
PCR 381/19
5 pcs
4
White T-Shirt - Exh 1
675/18
1
broken bottle – Exh 2
1
Empty Bottle (sprite) – Exh 3
1
Pool balls – Exh 4
23
Treasury Tags – Exh 5
100 pc * 3pkts
5
Safaricom credit cards – Exh 1
CR 729/11
284 pc
6
Cannabis Sativa – Exh 1
CR 1119/19
1 envelope
7
T – shirt -Exh 1
CR 670/17
1
8
Pool balls -Exh 1
CR 1587/18
13 pcs
9
Empty Crate of Beer black with two empty 310/19
1
bottles of Beer 10
Bunch of Keys -Exh 3
CR 12/09
9 pcs
11
Cannabis Sativa -Exh D
CR 647/151/19
1 envelope
12
Cannabis Sativa -Exh B in a Khaki
CR 641482/08
1 envelope
13
Dagger -Exh 2 ‘B”
HCCR 1/19
1
14
Pen Knife -Exh 2
1/19
1
Blade of Hack saw -Exh 3
1
Hammer -Exh 4
1
Heavy Metal -Exh 5
1
15
Black paper -Exh 2 “A”1”
CR 854/04
16
1000 Denomination Note of Kenya Currency - CR 854/04
A-342
Exh 2 17
Female “bra”(white) and innerwear
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S.O 41/17
2
18
Pool Sticks
HCCR 7/18
3
19
3 rolls of Cannabis sativa
CR 1518/18
1 envelope
20
Cannabis Sativa
CR 647/174/18
500 grams
21
Rolls of Cannabis sativa
CR 2487/18
10 rolls
22
Cannabis Sativa -Exh E
641/174/18
500 grams
23
Cannabis Sativa
CR 78/18
1 envelope
24
Cannabis Sativa
CR 1420/18
1 envelope
25
Cannabis Sativa
CR 641/18
500 grams
26
Cannabis Sativa
CR 641/223/18
3 Rolls
27
Metal Sticks and a rope
625/17
2
28
Cream neck scurf with blood Stains Marked “B”
CR 94/19
1 envelope
29
T-Shirt with blood stains Exh A
CR 615/02/16
1 envelope
30
Cannabis sativa
CR 645/90/19
2 rolls
31
Biosol 1 pkt -Exh 1
PCR 512/18
1 pc
Politricin Ascaten 32
-Exh 2
1 pc
-Exh 3
A carton
1 pc CR 647/53/18 HCCR 18/18
33
Blue bag
CR 2070/18
30 rolls of bhang
30 Rolls
3 cash Bail Receipts
3 receipt books
(No money) ksh. 8000/= 34
A pink polythene paper -Exh 1
S.O 76/16
1 bag
35
Supermatch Cigarettes -Exh 1
PCR 24/18
4 pkts
36
Empty crate of Beer (Black)
CR 1477/2018
1 pc
Empty furaha Bottle
1 pc
37
A Panga -Exh 1
CR 156/18
1 pc
38
2 Arrows
CR 1439/08
2 pcs
39
Tyre
CR 1181/04
1 pc
40
Counter book
CR 967/09
2 pcs
41
Campaign Flags
CR 1388/09
2 pcs
42
Liquor Can Cylinder
CR 695/12
1 pc
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43
Counter books
CR 967/09
2 pcs
44
Wood Window
CR 2089/05
1 pc
45
Chicken Trush
CR 646/08
1 pc
46
Analog TV set (Red)
CR 641/435/09 1 pc
47
Bed frames
CR 1715/12
4 pcs
48
Stool
CR 1473/12
1 pc
49
Wet batteries
CR 444/04
8 pcs
50
Bhang
CR 747/13
1 pc
51
Charcoal
CR 2017/12
1 pc
52
Drum
CR 541/39/09
1 pc
53
Collards Containers
CR 1797/13
1 pc
54
Speaker
CR 460/98
1 pc
55
High density blue mattress
CR 1715/12
1 pc
56
Part of an Engine
CR 1209/10
1 pc
57
Mattress
CR 594/13
1 pc
58
Basin
CR 645/78/09
1 pc
CF 1839/09 59
Motor Bicycle
CR 1623/10
1 pc
60
Sheets
CR 1729/13
1 pc
61
Motor Bicycle
CR 3366/16
1 pc
62
Shakers Bottle
CR 271/16
1 pc
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EXHIBITS WITHOUT CASE NUMBER (CELLS STORE) No Name
Quantity
1
Crate 3 with 22 empty bottles of beer
1
2
Crate 4 with full Bottles of Beers
1
3
Crate 5 with full bottle of beer
1
4
Empty crate 6
1
5
Empty crate 8
1
6
Crate with 10 empty bottles 9
1
7
Full crate with empty bottles 10
1
8
Full crate with empty bottles of beer and cables on 1 it 11
9
Full crate with empty bottles 12
1
10
Full crate with empty bottles of beer
1
11
Empty crate 16
1
12
Clothes and shoes in a yellow nylon paper
1
13
Motherboard
1
14
Black tv
1
15
White monitor
1
16
Dvd
1
17
Woofer
1
18
Dugger
1
19
Black speaker
1
CONTAINER EXHIBIT STORE (STORE THREE) The store is situated within a container near Court 2 and its accessibility is when there are no proceedings or court sessions going on. The container contains old case files, exhibits such as sacks of bhang, iron sheets, sharp objects and cutting tools. Most of the exhibits are in good in condition.
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As demonstrated on left photo above, this store like the rest is in a deplorable state. Effort was made to clean it, arranged and tagged the exhibits. The main challenge noted was the stuffiness due to lack of enough ventilation.
LIST OF EXHIBITS WITH CASE NUMBER IN THE CONTAINER (STORE THREE) NO EXHIBITS NAME
CASE NO
AMOUNT/QUANTITY
1
Clothes in a Suck
CR 157/10
1
2
Bag of clothes
CR 222/10
1
3
Sack of clothes
CR 1317/07
1
4
Hammer
CR 753/06
1
5
Chair
647/208/18
1
6
Iron Sheets
CR 639/10
1
7
Iron Sheets
CR 2089/05
1
8
Iron Sheets
CR 1043/11
1
9
Iron Sheets
CR 1639/10
5
10
Iron Sheets
CR 2039/05
1
11
Iron Sheets
CR 2199/05
1
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UNMARKED EXHIBITS NO EXHIBITS NAME
AMOUNT/QUANTITY
1
Rolls of Bhang in a black bag
1
2
Carton with Clothes – marked 1
1
3
Suitcase with Clothes
1
4
Panga
1
5
Vehicle Seats -marked (1)
1
6
Vehicle Seats -marked (2)
1
7
Wheelbarrow
1
8
Iron sheets -Marked (1-17)
17
9
Iron sheets -marked (18)
2
10
Iron Sheets -marked (19-21)
3
11
Iron Sheets -marked (22)
2
12
Iron Sheets -marked (23-25)
3
13
Iron Sheets -marked (26)
3
14
Iron Sheets -marked (27-33)
7
All the dirt and rubbish removed from the stores during cleaning and arranging of exhibits was destroyed by way of burning. Care was taken to ensure no exhibit was destroyed during the exercise. Recommendations Renovation to be done to the leaking roof at ‘Milimani’ exhibit store. The court Administrator to initiate reconstruction of the missing registers so as to facilitate appraisal of old files. The station to facilitated the urgent files needed from Kisumu National Archives to Kisii law courts Capacity building for Kisii Law Courts archivist to be taken to another station for benchmarking
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Kisii Law Court to have one Master Exhibit Register, all exhibits registered in the court exhibit register by the court assistants shall be transferred to the Master Exhibit Register as per the MKR Registry Manual. The Master Exhibit Register shall be in the custody of Kisii Law Courts Archivist. Add one more staff in the archives preferably a court assistant. The court shall adopt a centralized way of storing exhibits and avoid annexed stores. Perishable exhibits to be released to the complainant (upon taking of photos) if the ownership is not in contention. (Relevant court has discretion to give guidance on the best practice) The Exhibits shall be marked by the Court Assistant and recorded in the Court Assistant Exhibit Register and then transferred to the Master Exhibits register, both registers shall be reconciled from time to time to ensure that both tally. All Court Assistants shall have Exhibit Movement Register to monitor movement of Exhibits from trial court to stores or back to the owner Periodical fumigation and cleaning of exhibit stores to be strictly adhered to. Genuine money exhibits to be kept at the Cash Office and must be signed for by the accountant. Any Court Assistants on transfer shall hand over an updated Court Exhibit Movement register to a designate staff for future reference. In charge of Archives to appraise all file in her custody, identify the active ones and return the same to the respective registries for final determination. A staff with experience on case flow be identified and be seconded to the archives to assist in identifying the finalized and pending matters. There is need to make case files appraisal a continuous process and should be done every six months. There shall be limited access to the archives by litigants and advocates, all requests pertaining to case files shall be made in writing to the respective heads of registries who shall then forward the same to the in charge of archives.
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There shall be an exhibit store different from the files stores to avoid the current situation where concluded case files are kept together with the exhibits. All active files transferred to Kisumu National Archives be returned to the respective registries for final determination and should not be retained in the archives. Where exhibits involve drugs or Psychotropic Substance and the matter has been concluded, the court to immediately involve the relevant authorities to expeditiously destroy the exhibits so as to create more room in the stores. There is need to comply with Part F on Exhibits Paragraph 65 and 67 of the Magistrate and Kadhis Registry (MKR) Manual in dealing with exhibits, Perishable stuff, drugs or Psychotropic substance. Items that are not tagged or marked or their where bouts unknown to be disposed in accordance with the Public Procurement and disposal Act through the Head of Supply Chain Management Unit at Kisii Law Courts. The Court Administrator to come up with ways of disposing unclaimed exhibits through way of public auction. There is need to comply with the Statutory Provisions and Policy documents in matters relating to exhibits management. For concluded matters, either by entry of plea of guilty, judgement or ruling, the court to impress upon the prosecutor to request for return of exhibits to the owner if the accused doesn’t dispute. (The respective court has discretion to advice on the best practice)
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APPENDICES APPENDIX 1 Minutes of Archives and Exhibits management Committee of Kisii Law Court held on the 29th October 2019 as from 1500 hours to 1800 hours.
Members present: 1. Hon D. Mac’Andere ( RM) 2. Mr Richard Otene 3. Ms Naomi Chemsop 4. Mr Rioba John 5. Mr Francis Mwangi 6. Mr. Jomo Adhanje Agenda: 1) Preliminaries 2) Archives and Exhibits management a. Storage b. Disposal c. Space d. Movement of Exhibits e. Understaff in the Archive 3) A.O.B Min 01/10/19: Preliminaries The meeting started with a word of prayers from Richard Otene thereafter the meeting as directed by Hon Mac’Andere ( RM) The committee members were informed of the task ahead as it was an inaugural meeting pertaining to Archives and Records management Min 2/02/19 Archive and Exhibits management
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In charge of archive Ms Naomi highlighted the problems and challenges arising from management of files and exhibits The challenges identified were, storage, disposal, spaces, understaffing, movement of exhibits, appraisal of files, and poor keeping of records. It was noted that some exhibits have in the stores for a long duration of time and have not been claimed or disposed. The trial Court to make order on how the exhibit should be handled or disposed as the court lacks storage space During plea, perishable exhibits to be released to the owner and photos taken if ownership is not in dispute. The Exhibits shall be marked by the Court Assistant and recorded in the Court Assistant Exhibit Register and the Archives Exhibits register for both records to tally. All Court Assistants shall have Exhibit Movement Register to monitor Movements of Exhibits from Trial Court to Stores and or back to the owner The Exhibit stores needs fumigation and cleaning to avoid rodents and cockroaches that feed on our files and exhibits Cash Exhibits that is genuine must be kept in the Cash Office and signed by the accountant The Court Assistant on transfer shall hand over an updated Court Exhibit Movement register for future reference in matters relating to exhibits. In charge Archives has to reconcile the files received, identify the active files and return them to the respective registry and Appraise files for disposal as it is continuing process. A staff with experience on Case flow be identified and be seconded to the archives to assist in identifying finalize cases and pending cases so as to decongest the archive registry and minimize movement of files to and from Archives. 19 | P a g e
Min 3/10/19 Any Other Business The committee agreed and directed that:
1) There shall be a Court Assistant Exhibit Movement Register to track marked exhibits relating to a specific file. 2) Cash Exhibit shall be kept in custody of the accountant 3) There will be restriction of litigants’ access to archives registry as the request shall be made in writing to respective head of registry who shall forward the request to the in charge archives 4) Exhibit store shall be cleaned, Fumigated and an inventory of all the exhibits marked and arranged in a manner that the exhibit may be accessed when need arise. 5) There shall be an exhibit store different from the files stores. 6) That all active files at the archives be returned to the respective registry with immediate effect. 7) All the Identified active files transferred to Kisumu National Archives be returned to respective registry. 8) There be a 10 day activity ( RRI) 10 Judiciary staff assisted by the Court assistant in respective courts to clean , fumigate , identify , Mark the exhibits, tag the exhibits , identify the status of the case relating to the exhibits within the stores and identify exhibits not marked at the stores with the purpose of updating the exhibit register and recommend the best method to dispose of the exhibits legally.
The next meeting shall be communicated through Notice The meeting closed by a word of prayer by Ms Naomi Chemosop at 6:00 pm Minutes prepared by Richard Otene Hon Chair …………………………Date……………… Hon Secretary………………………Date……………… 20 | P a g e
APPENDIX 2. MEETING HELD ON 9TH DECEMBER 2019 FROM 2:00PM IN COURT 7 CHAMBERS.
Present 1. Hon Mac’andere -Chairperson 2. Mr. Jomo Andanje 3. Mr. Francis Mwangi 4. Ms. Naomi Jemosop 5. Mr. John Rioba ABSENT WITH APOLOGY 1. Mr. Richard Otene Min 9/12/2019- preliminaries Chairperson welcomed members and meeting started by way of going through report Min 10/12/19 Members corrected page 13 of the report as follows: 1.
Most exhibits have not been marked.
2.
There should be designated stores where exhibits should be kept.
3.
The cells stores should be free of exhibits.
4.
Exhibits can also be disposed by way of public auction.
5.
Appraisal of exhibits will be done after every six months that’s twice per year.
6.
Where a title deed is involved and after close of the case, the trial court to impress upon the prosecution to make the necessary application pertaining release to the title deed
NB 1. All cash exhibits to be kept in the cash office (directive 2 of the previous meeting) 21 | P a g e
2. Title deeds and logbooks exhibits should be kept by the executive officer and the photograph remains in the court file (paragraph 2 settled) 3. Drugs which are in safe condition can be donated to the nearby hospitals. 4. An order should be always made to destroy psychotropic substance such as bhang when plea of guilty is entered. 5. Perishable exhibits can be retuned back to the complainant when plea of guilt entered and no dispute arises pertaining ownership. 6. Kangara, changaa and Busaa can be destroyed immediately while bottled beer and spirits can be forfeiture to the state.(If the accused plead guilty.) 7. It has been noted that the court assistants have implemented exhibits movement registers as agreed. 8. There should be a specific store for keeping sexual offences and murder exhibits AOB1. Renovation has to be done in the ‘Milimani’ store since files are being rained on. 2. All active files in the archives to be returned to the specific registries (another exercise to be done) 3. All stores should be cleaned once in a week. 4. We don’t have registers at from 2005 and before, reconstructing the same has become a problem 5. There station to facilitated the urgent file needed from Kisumu to Kisii law courts 6. Capacity building for archivist Naomi to be taken to another station for benchmarking. 7. Add one more staff in the archives preferably a court assistant Adjournment The meeting ended at 4.00pm followed by prayers from Naomi Jemosop Hon Chair …………………………Date……………… Hon Secretary………………………Date………………
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