[2016] KEHC 1820 (KLR)
The court found that the applicant had established a clear case for the grant of judicial review remedies. The respondents, having been served, failed to file any response or demonstrate any lawful basis for the continued detention of the motor vehicle or for preferring charges against the applicant. The court held...
Source-derived case information.
- Citation
- [2016] KEHC 1820 (KLR)
- Parties
- Applicant: Republic; Respondent: Director of Public Prosecution; Respondent: Kitale County Criminal Investigations Officer
- Court
- High Court
- Court Station
- High Court at Kitale
- Jurisdiction
- Kenya
- Case Number
- Judicial Review 3 of 2016
- Procedural Posture
- Judicial Review / Judgment
- Outcome
- application allowed
- Judges
- HK Chemitei
- Legal Topics
- Judicial Review Remedies, Certiorari, Mandamus, Prohibition Orders, Police Powers, Vehicle Detention
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Director of Public Prosecution
Respondent
Kitale County Criminal Investigations Officer
Respondent
Procedural Posture
Judicial Review / Judgment
Legal Issues
- 1 Whether the decision of the Kitale County Criminal Investigation Officer to confiscate and detain motor vehicle KBH 126W Toyota Corona Saloon was lawful.
- 2 Whether the applicant is entitled to orders of certiorari, prohibition, and mandamus regarding the release of the motor vehicle.
- 3 Whether the respondents have any valid claim or basis to continue detaining the vehicle or to bring charges against the applicant.
Ratio Decidendi
The court found that the applicant had established a clear case for the grant of judicial review remedies. The respondents, having been served, failed to file any response or demonstrate any lawful basis for the continued detention of the motor vehicle or for preferring charges against the applicant. The court held that the decision of the Kitale County Criminal Investigation Officer to confiscate and detain the vehicle was unjustified and unlawful. Accordingly, the court issued orders of certiorari to quash the decision, mandamus to compel the release of the vehicle to the applicant, and awarded costs to the applicant. The absence of any opposition from the respondents reinforced the...
Court Disposition
application allowed
Orders
- An order of certiorari is issued quashing the decision of the Kitale County Criminal Investigation Officer confiscating and detaining Motor vehicle Reg. No KBH 126W Toyota Corona Saloon.
- An order of mandamus is issued compelling the 2nd respondent to release to the applicant Motor vehicle Registration number KBH 126W Toyota Corona Saloon.
Full Case Text
Judgment text and source record
31 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KITALE
JUDICIAL REVIEW NO. 3 OF 2016
REPUBLIC …...........................................................................................APPLICANT
VERSUS
THE DIRECTOR OF PUBLIC PROSECUTION......….................1ST RESPONDENT
KITALE COUNTY CRIMINAL INVESTIGATIONSOFFICER ....2ND RESPONDENT
(KISHOR VELJI PATANI ….......................................................................SUBJECT)
J U D G M E N T
The notice of motion dated 22nd June 2016 prays for the following relief
1) An Order of Cetiorari do issue to bring to this Honourable Court for purposes of quashing the decision of the Kitale County Criminal Investigation Officer to confiscate and detain motor vehicle registration number KBH 126W Toyota Corana Saloon.
2. An Order of prohibition do issue against the 2nd respondent barring him from bringing fake/and or false charges against the applicant in relation to ownership of motor vehicle registration number KBH 126W Toyota Corona Saloon.
3. An Order of Mandamus do issue compelling the 2nd respondent to release to the applicant motor vehicle number KBH 126W Toyota Corana Saloon.
The same is supported by the affidavit of Kishor Velji Patani together with the statements to be relied upon . The application is not opposed. The applicant contents that he purchased the suit motor vehicle from one Peter Waithunguri for a total purchase consideration of Kshs 550,000. He was handed all the documents pertaining to the said vehicle.
Without transferring it to himself he sold the same vehicle to one Brennda Akumu Omondifor a total purchase consideration of Kshs 600,000/-. The said Omondi later complained that the vehicle was being looked for by the police on the allegation of having been stolen. The vehicle was detained at Kitale police station where the applicant was forced to refund M/s Omondi the sum of Kshs 600,000/-. Todate the said vehicle is still parked at the Kitale police station.
He further states that neither the police or any other person has preferred any charges against him and therefore he continuous to suffer mental loss since he has been branded a suspect and that all efforts to have the vehicle released to him have been fruitless.
The court has perused the entire application as well as the supporting documents. It appears from the affidavit of service of Elizabeth Omwenyo that the respondents were served but todate they have not filed any response.
Consequently my understanding is that they have no claim against the applicant or the said motor vehicle. If indeed they were interested in preferring any charge against the applicant then they should have done so by now.
In the premises I shallow allow the application as follows;
(1) An order of Certiorari is hereby issued bringing to this court for purposes of of quashing which I hereby do the decision of Kitale County Criminal Investigation Officer confiscating and detaining Motor vehicle Reg. No KBH 126W Toyota Corona Saloon.
(2) An Order of Mandamus is hereby issued compelling the 2nd respondent to released to the applicant Motor vehicle Registration number KBH 126W Toyota Corona Saloon further
3) Costs to the applicant.
Orders accordingly.
Delivered this 5th day of October, 2016.
________________
H.K. CHEMITEI
JUDGE
In the presence of;
Arunga for Obwonya for Applicant
No appearance for Respondents
Kirong – Court Assistant