[2025] KEHC 5421 (KLR)
The court found that since the respondents did not oppose the application for release of the vehicle and the applicant agreed to pay the towing charges upon receipt of an invoice, there was no legal impediment to the release of Motor Vehicle Registration No. KBM 346S. The release was therefore ordered, conditional...
Source-derived case information.
- Citation
- [2025] KEHC 5421 (KLR)
- Parties
- Applicant: Limlak Sacco; Respondent: OCS Tigoni Police Station; Respondent: Director of Public Prosecution
- Court
- High Court
- Court Station
- High Court at Kiambu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E047 of 2025
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Notice of Motion for Release of Motor Vehicle
- Outcome
- Application allowed with conditions.
- Judges
- DO Chepkwony
- Legal Topics
- Release of Property, Police Powers, Towing Charges
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Limlak Sacco
Applicant
OCS Tigoni Police Station
Respondent
Director of Public Prosecution
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Notice of Motion for Release of Motor Vehicle
Legal Issues
- 1 Whether the applicant is entitled to the release of Motor Vehicle Registration No. KBM 346S from police custody.
- 2 Whether the applicant should pay towing charges prior to release of the vehicle.
Ratio Decidendi
The court found that since the respondents did not oppose the application for release of the vehicle and the applicant agreed to pay the towing charges upon receipt of an invoice, there was no legal impediment to the release of Motor Vehicle Registration No. KBM 346S. The release was therefore ordered, conditional upon payment of the towing charges as confirmed by invoice from Airwave Breakdown Services. Costs were ordered to be in the cause.
Court Disposition
Application allowed with conditions.
Orders
- The O.C.S, Tigoni Police Station, 1st Respondent, is ordered to release Motor Vehicle Registration No. KBM 346S to the applicant upon the applicant offsetting the towing charges amounting to Kshs. 13,000 as confirmed by an invoice from Airwave Breakdown Services.
- Costs to be in the cause.
Full Case Text
Judgment text and source record
21 paragraphs
Limlak Sacco v OCS Tigoni Police Station & another (Miscellaneous Criminal Application E047 of 2025) [2025] KEHC 5421 (KLR) (24 April 2025) (Ruling)
Neutral citation: [2025] KEHC 5421 (KLR)
Republic of Kenya
In the High Court at Kiambu
Miscellaneous Criminal Application E047 of 2025
DO Chepkwony, J
April 24, 2025
Between
Limlak Sacco
Applicant
and
OCS Tigoni Police Station
1st Respondent
Director of Public Prosecution
2nd Respondent
Ruling
1. The matter is for inter-parties hearing of a Notice of Motion application dated 19th March, 2025 in which the Applicant is seeking that:-a.An order be issued to the O.C.S, Tigoni Police Station, the 1st Respondent herein, to release Motor Vehicle Registration No.KBM 346S to the Applicant herein.b.The costs of this application be in the cause.
2. The application is premised on the grounds set out on its face and the Supporting Affidavit sworn by Kezia Muthoni Kangu, the Relationship Officer for the Applicant herein on even date.
3. The Respondents are not opposed to the application except to seek that the Applicant prays Kshs.13,000/= as towing charges to Airwave Breakdown Services. To which the Applicant’s counsel has agreed to on condition that they be provided with a copy of invoice for the said charges.
4. In the circumstances, the Notice of Motion is allowed on the following terms:-a.The O.C.S, Tigoni Police Station, 1st Respondent herein be and is hereby ordered to release Motor Vehicle Registration No.KBM 346S to the Applicant upon the Applicant offsetting the towing charges amounting to Kenya Shillings Thirteen Thousand (Kshs.13,000/=) as will be confirmed by an invoice from Airwave Breakdown Services.b.Costs to be in the cause.It is so ordered.
RULING DELIVERED VIRTUALLY, DATED AND SIGNED AT KIAMBU THIS 24TH DAY OF APRIL, 2025. D. O. CHEPKWONYJUDGEIn the presence of:M/S Kimani counsel for the ApplicantCourt Assistant - Martin