[2011] KEHC 2611 (KLR)
The court found that the order made by the magistrate to release vehicle KBK 642 P was irregular because the vehicle was not in the court's custody and no application for its release had been made on the material date. The court, exercising its revisionary jurisdiction under Sections 362 and 364 of the Criminal...
Source-derived case information.
- Citation
- [2011] KEHC 2611 (KLR)
- Parties
- Applicant: Eliud Mungai Murira; Applicant: Sarah Wanjiku Mungai; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 13 of 2011
- Procedural Posture
- Criminal Revision / Revision Order
- Outcome
- Order for release of vehicle set aside on revision.
- Judges
- RPV Wendoh
- Legal Topics
- Criminal Revision, Release of Property, Court Jurisdiction
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Eliud Mungai Murira
Applicant
Sarah Wanjiku Mungai
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Revision Order
Legal Issues
- 1 Whether the magistrate's court had jurisdiction to order the release of a vehicle not in its custody.
- 2 Whether an order for release of property can be made without a formal application.
Ratio Decidendi
The court found that the order made by the magistrate to release vehicle KBK 642 P was irregular because the vehicle was not in the court's custody and no application for its release had been made on the material date. The court, exercising its revisionary jurisdiction under Sections 362 and 364 of the Criminal Procedure Code, set aside the order as it was made without jurisdiction and contrary to proper procedure.
Court Disposition
Order for release of vehicle set aside on revision.
Orders
- The order of 14th April 2011 releasing vehicle KBK 642 P is set aside.
Full Case Text
Judgment text and source record
13 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAKURU
CRIMINAL REVISION CASE NO. 13 OF 2011
ELIUD MUNGAI MURIRA………................................................…1ST APPLICANT
SARAH WANJIKU MUNGAI……...................................................2ND APPLICANT
VERSUS
REPUBLIC…………………..............................................……….…RESPONDENT
REVISION ORDER
This file was placed before me by the Senior Principal State Counsel, Mr. Omutelema for the purposes of revising the order made by Hon. Korir, Senior Principal Magistrate, Nakuru in Criminal Case No. 1030 of 2011. Mr. Omutelema, urged that the Magistrate made an order to release the vehicle registration No. KBK 642 P when it was not in this court’s custody.I have read Mr. Korir’s ruling on that date. The Prosecutor applied for an adjournment. It was opposed by the acussed’s counsel, Mr. Munene. On that date, there was no application for release of the subject vehicle. However, Mr. Korir went ahead and made an order for the release of the vehicle KBK 642 P, Mitsubishi FH without any application having been made. Earlier on 23rd March 2011, the same court had rejected an application to have the vehicle released. Since the subject vehicle was not in the custody of the court, it was irregular for the court to make such an order and by virtue of Sections 362 and 364 of Criminal Procedure Code, I hereby revise and set aside the said order of 14th April 2011. It is so ordered.
DATED and DELIVERED this 25th day of May, 2011.
R. P. V. WENDOH
JUDGE