[2021] KEHC 2144 (KLR)
The court found that the continued retention of the vehicle by the DCI was not material to the pending criminal case. The applicant demonstrated economic loss due to the detention of his income-generating asset. Since the DPP did not oppose the release, and only requested reasonable conditions to preserve the status...
Source-derived case information.
- Citation
- [2021] KEHC 2144 (KLR)
- Parties
- Applicant: Ephantus Nyaga Njagi; Respondent: Director of Public Prosecutions (DPP)
- Court
- High Court
- Court Station
- High Court at Kiambu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application 95 of 2019
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Notice of Motion for Release of Detained Property
- Outcome
- Application allowed with conditions.
- Judges
- MM Kasango
- Legal Topics
- Detention of Property, Release of Exhibits, Interlocutory Applications
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Ephantus Nyaga Njagi
Applicant
Director of Public Prosecutions (DPP)
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Notice of Motion for Release of Detained Property
Legal Issues
- 1 Whether the continued detention of motor vehicle KCE 582K by the DCI is necessary for the pending criminal case.
- 2 Whether the applicant is entitled to the release of the vehicle pending the conclusion of the criminal case.
- 3 Whether conditions should be imposed on the release of the vehicle.
Ratio Decidendi
The court found that the continued retention of the vehicle by the DCI was not material to the pending criminal case. The applicant demonstrated economic loss due to the detention of his income-generating asset. Since the DPP did not oppose the release, and only requested reasonable conditions to preserve the status of the vehicle and evidence, the court exercised its discretion to order the release of the vehicle to the applicant, subject to the conditions that the vehicle's ownership would not change during the subsistence of the criminal case and that the DCI could photograph the vehicle prior to release.
Court Disposition
Application allowed with conditions.
Orders
- Motor vehicle registration KCE 582K shall be released to Ephantus Nyaga Njagi on condition that ownership will not change during the subsistence of Kiambu Criminal Case No. 9 of 2019.
- The Directorate of Criminal Investigations is permitted to photograph the vehicle prior to its release.
Full Case Text
Judgment text and source record
29 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT KIAMBU
MISC. CRIMINAL APPLICATION NO. 95 OF 2019
EPHANTUS NYAGA NJAGI...............................................................................APPLICANT
VERSUS
DPP........................................................................................................................RESPONDENT
RULING
1. The motor vehicle registration Number KCE 582K is registered in the name EPHANTUS NYAGAH NJAGI. The vehicle has been in the custody of Directorate of criminal Investigation (DCI) Headquarters, Nairobi following the institution of the Kiambu High Court Criminal Case No. 9 of 2019.
2. By notice of motion application dated 2nd August, 2021 Mr. Njagi seeks the vehicle be released to him. He deponed in his affidavit in support that he had continued to suffer economic loss because the detained vehicle is an income generating asset.
3. The application is not opposed by Director of Public Prosecutions (DPP). However, DPP does request that an order be issued restraining Mr. Njagi from disposing the vehicle and that the vehicle be released on condition the DCI be permitted to photograph the vehicle.
ANALYSIS
4. The vehicle is held by DCI in view of the ongoing Kiambu Criminal Case No. 9 of 2019. It is however clear that the continued retention of that vehicle by DCI is not material to the pending criminal case. The orders sought subject to the conditions requested by DPP will be granted.
CONCLUSION
5. In respect to the Notice of Motion dated 2nd August, 2021, I grant the following orders:-
(a) Motor vehicle registration KCE 582K shall henceforth be released to EPHANTUS NYAGA NJAGI on condition that said motor vehicle’s ownership will not change during the subsistence of Kiambu Criminal Case No. 9 of 2019.
(b) The Directorate of Criminal Investigations is hereby permitted to photograph the said vehicle prior to its release.
(c) There shall be no orders as to costs.
RULING DATED AND DELIVERED AT KIAMBU THIS 16TH DAY OF NOVEMBER, 2021.
MARY KASANGO
JUDGE
CORAM:
COURT ASSISTANT: MOURICE
FOR APPLICANT : MR. GACHOKA
FOR DPP: MS. KATHAMBI
COURT
RULING DELIVERED VIRTUALLY.
MARY KASANGO
JUDGE