Daudi v Republic (Miscellaneous Criminal Application E019 of 2026) [2026] KEHC 9716 (KLR) (2 July 2026) (Ruling)
The court ordered conditional release of the motor vehicle upon photographs being taken for evidence and directed the parties to file a consent in the lower court to effect the release.
Source-derived case information.
- Citation
- [2026] KEHC 9716 (KLR)
- Parties
- Applicant: Kimunga Mghendi Daudi; Respondent: Republic
- Court
- High Court
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E019 of 2026
- Procedural Posture
- Miscellaneous Criminal Application / Ruling
- Outcome
- Application allowed in terms of the directions given.
- Judges
- ["A Mshila"]
- Legal Topics
- Release of Motor Vehicle, Consent in Lower Court, Conditional Release of Exhibit/property, Evidence Preservation Through Photographs
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kimunga Mghendi Daudi
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling
Legal Issues
- 1 Whether the motor vehicle should be released pending the taking of photographs for evidential purposes.
- 2 Whether the parties should file a consent in the lower court to regularize release of the motor vehicle.
Ratio Decidendi
The court ordered conditional release of the motor vehicle upon photographs being taken for evidence and directed the parties to file a consent in the lower court to effect the release.
Court Disposition
Application allowed in terms of the directions given.
Orders
- Parties to file a consent in the lower court for release of the motor vehicle.
- Photographs must first be taken and used as evidence.
Full Case Text
Judgment text and source record
1 paragraphs
Daudi v Republic (Miscellaneous Criminal Application E019 of 2026) [2026] KEHC 9716 (KLR) (2 July 2026) (Ruling) Neutral citation: [2026] KEHC 9716 (KLR) Republic of Kenya In the High Court at Voi Miscellaneous Criminal Application E019 of 2026 A Mshila, J July 2, 2026 Between Kimunga Mghendi Daudi Applicant and Republic Respondent Ruling 1.The parties are hereby directed to file a consent in the lower court for the release of the motor vehicle – conditional to photographs being taken that will be used as evidence. 2.Mention 30th July 2026 for compliance. DATED, SIGNED AND DELIVERED VIRTUALLY THIS 2ND DAY OF JULY, 2026 IN OPEN COURT AT VOI HIGH COURT.ABIGAIL MSHILAJUDGEIn the presence of:-Court Assistant: Millicent/TrizahState Counsel: Ms. KanyuiraMotuka for Applicant