[2023] KEHC 18949 (KLR)
The court found that the application did not meet the threshold for certification as urgent. The court directed that the lower court file be photocopied, proceedings certified and availed, and that the application and order be served upon the respondent. The respondent is to file a response within the stipulated...
Source-derived case information.
- Citation
- [2023] KEHC 18949 (KLR)
- Parties
- Applicant: Bhavin Motors Limited; Respondent: Republic; Defendant: Martin Wachera Mungai; Defendant: Henry Shakira Musee; Defendant: Fatuma Mohamed Baragu; Defendant: Paul Thorojo Wacera
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E533 of 2023
- Procedural Posture
- Criminal Revision / Ruling on Notice of Motion for Setting Aside Lower Court Rulings and Retrieval of Motor Vehicle
- Outcome
- Application not certified urgent; directions issued for further steps.
- Judges
- DR Kavedza
- Legal Topics
- Criminal Revision, Retrieval of Property, Interlocutory Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Bhavin Motors Limited
Applicant
Republic
Respondent
Martin Wachera Mungai
Defendant
Henry Shakira Musee
Defendant
Fatuma Mohamed Baragu
Defendant
Paul Thorojo Wacera
Defendant
Procedural Posture
Criminal Revision / Ruling on Notice of Motion for Setting Aside Lower Court Rulings and Retrieval of Motor Vehicle
Legal Issues
- 1 Whether the applicant is entitled to have the rulings of December 14, 2022 and March 29, 2023 set aside.
- 2 Whether the applicant should be allowed to retrieve motor vehicle registration number KCZ 695L from the Director of Criminal Investigation Anti Narcotic Unit Headquarters.
Ratio Decidendi
The court found that the application did not meet the threshold for certification as urgent. The court directed that the lower court file be photocopied, proceedings certified and availed, and that the application and order be served upon the respondent. The respondent is to file a response within the stipulated period, and the matter is to be mentioned for directions. No substantive orders were issued on the merits of the application at this stage.
Court Disposition
Application not certified urgent; directions issued for further steps.
Orders
- The application is not certified urgent.
- The lower court file to be photocopied, proceedings certified and availed untyped on 3/7/2023.
Full Case Text
Judgment text and source record
26 paragraphs
Bhavin Motors Limited v Republic & 4 others (Criminal Revision E533 of 2023) [2023] KEHC 18949 (KLR) (Crim) (26 June 2023) (Ruling)
Neutral citation: [2023] KEHC 18949 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Criminal
Criminal Revision E533 of 2023
DR Kavedza, J
June 26, 2023
Between
Bhavin Motors Limited
Applicant
and
Republic
Respondent
and
Martin Wachera Mungai
1st Accused
Henry Shakira Musee
2nd Accused
Fatuma Mohamed Baragu
3rd Accused
Paul Thorojo Wacera
4th Accused
Ruling
1. I have gone through the Notice of Motion application dated June 23, 2023 filed under certificate of urgency and the supporting affidavit of Bhupendra Narandas for the applicant of even date seeking to set aside the Rulings delivered on December 14, 2022 and March 29, 2023 in JKIA MCCR No E018 of 2018 barring the applicant from retrieving their motor vehicle registration number KCZ 695L from the Director of Criminal Investigation Anti Narcotic Unit Headquarters in Nairobi, and accordingly issue the following orders:1. That application is not certified urgent.2. That the lower court file to be photocopied, the proceedings to be certified and availed untyped on 3/7/2023. 3.That the application and order of this court be served upon the respondent on 27/6/2023. 4.That upon service, the respondent to file a response on or before 14/7/2023. 5.That this matter be mentioned on 19/7/2023 for directions.Orders accordingly.
RULING DATED DELIVERED VIRTUALLY THIS 26TH DAY OF JUNE 2023. .......................D. KAVEDZAJUDGE