[2009] KEHC 1011 (KLR)
The High Court declined to revise the magistrate's order because the criminal proceedings in Machakos CM’s Court Criminal Case No. 1481/2005 are ongoing and the motor vehicle KAG 639C is being detained as an exhibit. The court found no compelling reason to interfere, especially since the vehicle is not registered in...
Source-derived case information.
- Citation
- [2009] KEHC 1011 (KLR)
- Parties
- Applicant: Lazarus Irungu Maina; Applicant: Shadrack Maingi Njuguna; Applicant: Andrew Kimani Njeri; Applicant: William Muiruri Kama; Applicant: Francis Mwangi Githinji; Applicant: John Muli Musila; Applicant: Gerishon Kariuki Mwangi; Applicant: Francis Mwaura Kingara; Applicant: Dancan Ndungu Ori; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Machakos
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 13 of 2009
- Procedural Posture
- Criminal Revision / Ruling on Revision
- Outcome
- application for revision declined
- Judges
- I Lenaola
- Legal Topics
- Exhibits in Criminal Trial, Release of Property, Revisionary Jurisdiction, Ongoing Criminal Proceedings
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Lazarus Irungu Maina
Applicant
Shadrack Maingi Njuguna
Applicant
Andrew Kimani Njeri
Applicant
William Muiruri Kama
Applicant
Francis Mwangi Githinji
Applicant
John Muli Musila
Applicant
Gerishon Kariuki Mwangi
Applicant
Francis Mwaura Kingara
Applicant
Dancan Ndungu Ori
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Revision
Legal Issues
- 1 Whether the High Court should revise the magistrate's order declining to release motor vehicle KAG 639C to Elizabeth Wanjiru Muriuki during ongoing criminal proceedings.
- 2 Whether the unsigned DCIO report influenced the magistrate's decision improperly.
- 3 Whether releasing the vehicle would prejudice the ongoing criminal case.
Ratio Decidendi
The High Court declined to revise the magistrate's order because the criminal proceedings in Machakos CM’s Court Criminal Case No. 1481/2005 are ongoing and the motor vehicle KAG 639C is being detained as an exhibit. The court found no compelling reason to interfere, especially since the vehicle is not registered in the name of the applicant or her late husband, and some accused persons have absconded. The court held that releasing the vehicle at this stage, even with a photograph taken, would risk prejudicing the criminal trial and could occasion injustice. The unsigned DCIO report was not the sole basis for the magistrate's decision, and the High Court found no error warranting revision.
Court Disposition
application for revision declined
Orders
- No revision is made to the magistrate's order declining release of motor vehicle KAG 639C.
- The lower court file is to be returned forthwith.
Full Case Text
Judgment text and source record
28 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MACHAKOS
Criminal Revision 13 of 2009
1. LAZARUS IRUNGU MAINA
2. SHADRACK MAINGI NJUGUNA
3. ANDREW KIMANI NJERI
3. WILLIAM MUIRURI KAMA
4. FRANCIS MWANGI GITHINJI
5. JOHN MULI MUSILA
6. GERISHON KARIUKI MWANGI
7. FRANCIS MWAURA KINGARA
8. DANCAN NDUNGU ORI …………………………………………………………APPLICANTS
VERSUS
REPUBLIC
RULING ON A REVISION
1. By letter dated 13. 10. 2009, L.M. Ngolya & Co. Advocates acting for the estate of one William Muiruri Kamau (deceased) have asked this court to exercise its reversionary powers and call for and examine the record in Machakos CM’s Court Criminal Case No. 1481/2005 and determine whether the orders issued on 25. 3.2009 in that case were proper. The orders made on that day were that the learned trial magistrate declined to release motor vehicle registration KAG 639C to Elizabeth Wanjiru Muriuki.
2. The advocates for the said Elizabeth have stated that the court in declining to release the motor-vehicle was swayed by an unsigned report from the DCIO, Machakos, which report, it is alleged, was null and void for want of authentication.
3. I have read the record and especially the submissions made before the learned trial magistrate and her concise Ruling. There is absolutely no reason why this court should interfere with the orders made because the proceedings in Cr. Case No. 1481/2005 are on-going and the Prosecution is detaining the subject motor-vehicle as an exhibit in the case. It is incredible that the advocates are saying that the motor vehicle should be released to Elizabeth when the records indicate that it is registered in the names of Nancy W. Kiruga and not Muriuki who was Elizabeth’s husband. In any event some of the accused persons in the criminal trial have absconded and one of them was Elizabeth’s husband who ended up being killed in Moshi, Tanzania while on the run.
4. To tamper with an exhibit at this stage and to merely take its photograph as suggested by Elizabeth and her advocate would occasion injustice.
5. I see nothing to revise and I decline to do so. Let the lower court file be returned forthwith.
6. Order accordingly.
Dated at Machakos this 9th day of November2009.
Isaac Lenaola
Judge
In the presence of;
Isaac Lenaola
Judge