[2022] KEHC 14030 (KLR)

[2022] KEHC 14030 (KLR)

The court allowed the applicant to withdraw the application dated September 26, 2022, as requested by his counsel. The court further clarified that the applicant retains the right to approach the trial court in Criminal Case File No Cr E264/2022 at Siaya Chief Magistrate’s Court to seek the release of his motor...

Source-derived case information.

Citation
[2022] KEHC 14030 (KLR)
Parties
Applicant: Kibet Tonui Emmanuel; Respondent: Office of the Director of Public Prosecutions; Respondent: Traffic Base Commander Police Station
Court
High Court
Court Station
High Court at Siaya
Jurisdiction
Kenya
Case Number
Miscellaneous Criminal Application E126 of 2022
Procedural Posture
Miscellaneous Criminal Application / Ruling on Withdrawal of Application
Outcome
Application marked as withdrawn; liberty granted to seek relief in trial court; file closed.
Judges
RE Aburili
Legal Topics
Withdrawal of Application, Release of Property, Criminal Procedure, Jurisdiction of Trial Court
Source Language
en
Criminal Law Withdrawal of Application Release of Property Criminal Procedure Jurisdiction of Trial Court

Source-derived case record

Summary, issues, holding and outcome

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Parties

Kibet Tonui Emmanuel

Applicant

Office of the Director of Public Prosecutions

Respondent

Traffic Base Commander Police Station

Respondent

Procedural Posture

Miscellaneous Criminal Application / Ruling on Withdrawal of Application

Legal Issues

  1. 1 Whether the application dated September 26, 2022 should be withdrawn as requested by the applicant.
  2. 2 Whether the applicant is at liberty to seek release of his motor vehicle before the trial court.

Ratio Decidendi

The court allowed the applicant to withdraw the application dated September 26, 2022, as requested by his counsel. The court further clarified that the applicant retains the right to approach the trial court in Criminal Case File No Cr E264/2022 at Siaya Chief Magistrate’s Court to seek the release of his motor vehicle. The court thus marked the application as withdrawn and closed the file, emphasizing that the appropriate forum for the substantive relief sought is the trial court.

Court Disposition

Application marked as withdrawn; liberty granted to seek relief in trial court; file closed.

Orders

  • The application dated September 26, 2022 is marked as wholly withdrawn.
  • The applicant is at liberty to file an application before the trial court in Criminal Case File No Cr E264/2022 at Siaya Chief Magistrate’s court for consideration on whether his motor vehicle Kxx xxxW should be released to him.