[2018] KEHC 9252 (KLR)
The court found that the police had no valid reason to continue holding the applicant's motor vehicle, as investigations had taken too long and no evidence had been produced to link the applicant to any offence. The continued detention of the vehicle was therefore unjustified. The court ordered the release of the...
Source-derived case information.
- Citation
- [2018] KEHC 9252 (KLR)
- Parties
- Applicant: Gabriel Gichere Wairagu; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application 95 of 2018
- Procedural Posture
- Miscellaneous Application / Ruling
- Outcome
- application allowed
- Legal Topics
- Police Powers, Seizure of Property, Release of Exhibits
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Gabriel Gichere Wairagu
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Application / Ruling
Legal Issues
- 1 Whether the continued detention of the applicant's motor vehicle by the police is justified.
- 2 Whether the applicant is entitled to the release of the motor vehicle pending investigations.
Ratio Decidendi
The court found that the police had no valid reason to continue holding the applicant's motor vehicle, as investigations had taken too long and no evidence had been produced to link the applicant to any offence. The continued detention of the vehicle was therefore unjustified. The court ordered the release of the vehicle to the applicant, subject to conditions to preserve the status quo and ensure the vehicle's availability should charges be filed in the future.
Court Disposition
application allowed
Orders
- Motor vehicle Reg. No. KBR 540Y Subaru to be released to the applicant by close of day 15/4/2018.
- Investigating officer may take photographs of the vehicle before release.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
CRIMINAL DIVISION
MISC. CRIMINAL APP. NO. 95 OF 2018
GABRIEL GICHERE WAIRAGU..........................APPLICANT
VERSUS
REPUBLIC............................................................RESPONDENT
RULING
After hearing the submissions from the respective counsel, it is clear that police have no reason to continue keeping/holding the subject motor vehicle. Investigations have taken too long and so far no evidence has linked the Applicant to establish a case against him.
I accordingly, order that motor Vehicle Reg. No. KBR 540Y Subaru be released to the Applicant by close of day tomorrow 15/4/2018.
The investigating officer is at liberty to take its photographs in the meantime. The Applicant is also directed that he should produce the vehicle in court if required to should any charges be filed. Further, he shall not dispose of the vehicle or change its registration (ownership) without the express consent of the Investigating Officer, PC Dancan Chomba.
DATED and DELIVERED this 17th day of April, 2018
G.W. NGENYE-MACHARIA
JUDGE
In the presence of:
1. Amadi for the Applicant
2. M/s Sigei h/b for m/s Atina for the Respondent