Getting back property police are holding as an exhibit
Criminal Procedure Code; Victim Protection Act, 2014; Persons Deprived of Liberty Act, 2014 · sources read 4 Oct 2026
Things police seize can be kept until the case or investigation ends. If no one is charged or there is no appeal, the court must order them returned to the person they were taken from, unless the law allows it to deal with them another way.
- Where
- The court handling the case; the police station holding the item
Steps
- Ask the court that has the case (or that the item was brought before) to order it returned once the case or investigation is over.
- If the item was taken from an accused person, the court can order it returned to whoever it finds is entitled to it.
- If you are the victim, ask the police to return your property; it must be returned promptly unless it is shown to be needed for the investigation or prosecution.
- If you were arrested, you can check the station's property receipt book to confirm what was recorded as taken from you.
Watch out
- If there is an appeal or a trial, the court can order the item kept until the appeal or trial is over.
- If your belongings are not returned when you are released, the reason must be written in the receipt book.
- The court can instead order property taken from an accused person to be used to pay a fine, costs or compensation.
Who this covers
- The person the item was taken from.
- Victims of crime whose property the police are holding.
- Anyone arrested or detained, for the belongings taken from them on arrest.
Official sources (3)
- Criminal Procedure Code (Cap. 75) new.kenyalaw.org · read 4 Oct 2026
- The Victim Protection Act, 2014 (No. 17 of 2014), Kenya Gazette Supplement No. 143 probation.go.ke · read 4 Oct 2026
- Persons Deprived of Liberty Act, 2014 (No. 23 of 2014) new.kenyalaw.org · read 2 Oct 2026