[2016] KEHC 7864 (KLR)

[2016] KEHC 7864 (KLR)

The court held that the police cannot keep custody of the applicants' motor vehicles for an indefinite period without further orders of the court. The police are required to complete investigations within a specified period (fourteen days), after which they must either charge the applicants if an offence is...

Source-derived case information.

Citation
[2016] KEHC 7864 (KLR)
Parties
Applicant: Elvis Kipkorir Cheruiyot; Applicant: Silas Kiprop Metto; Respondent: Republic
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Case Number
Miscellaneous Criminal Application 145 of 2016
Procedural Posture
Miscellaneous Application / Ruling
Outcome
application allowed in part
Judges
LK Kimaru
Legal Topics
Police Investigations, Detention of Property, Release of Property
Source Language
en
Criminal Law Police Investigations Detention of Property Release of Property

Source-derived case record

Summary, issues, holding and outcome

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Parties

Elvis Kipkorir Cheruiyot

Applicant

Silas Kiprop Metto

Applicant

Republic

Respondent

Procedural Posture

Miscellaneous Application / Ruling

Legal Issues

  1. 1 Whether the police can detain motor vehicles indefinitely without concluding investigations.
  2. 2 Whether the applicants are entitled to release of their motor vehicles pending or after investigations.

Ratio Decidendi

The court held that the police cannot keep custody of the applicants' motor vehicles for an indefinite period without further orders of the court. The police are required to complete investigations within a specified period (fourteen days), after which they must either charge the applicants if an offence is disclosed or release the vehicles to them. This ensures that the rights of the applicants are protected against unreasonable and indefinite deprivation of property by the police.

Court Disposition

application allowed in part

Orders

  • The police based at Nairobi Area are ordered to complete investigations within fourteen (14) days in respect of motor vehicle Registration Nos. KCF 213 K and KCE 972E.
  • After conclusion of investigations, the police must either charge the applicants if an offence is disclosed or release the motor vehicles to the applicants.