[2014] KEHC 2499 (KLR)
The court adopted the consent of the parties as its judgment, recognizing that the applicant was entitled to the release of the motor vehicle and associated documents, and that the respondents and interested party had agreed to resolve all outstanding issues, including costs for maintenance and documentation. The...
Source-derived case information.
- Citation
- [2014] KEHC 2499 (KLR)
- Parties
- Applicant: Republic; Respondent: District Criminal Investigations Officer (DCIO) North Imenti; Respondent: Director of Public Prosecutions; Respondent: Hon. Attorney General; Interested Party: Shadrack Muchui Limiri; Applicant: Elijah Mwenda Nkubitu
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Judicial Review 3 of 2013
- Procedural Posture
- Judicial Review Application / Consent Judgment
- Outcome
- suit settled by consent; orders granted as per consent terms
- Judges
- FM Njoroge
- Legal Topics
- Judicial Review, Mandamus, Prohibition, Property Rights, Vehicle Detention
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
District Criminal Investigations Officer (DCIO) North Imenti
Respondent
Director of Public Prosecutions
Respondent
Hon. Attorney General
Respondent
Shadrack Muchui Limiri
Interested Party
Elijah Mwenda Nkubitu
Applicant
Procedural Posture
Judicial Review Application / Consent Judgment
Legal Issues
- 1 Whether the applicant is entitled to an order of mandamus compelling the release of the motor vehicle KBF 147K.
- 2 Whether the 1st respondent can lawfully continue to detain or interfere with the applicant's possession and enjoyment of the motor vehicle.
- 3 Whether the applicant is entitled to a writ of prohibition restraining the respondents from further interference with the vehicle.
Ratio Decidendi
The court adopted the consent of the parties as its judgment, recognizing that the applicant was entitled to the release of the motor vehicle and associated documents, and that the respondents and interested party had agreed to resolve all outstanding issues, including costs for maintenance and documentation. The court found that the matter had been settled amicably and ordered that the suit be marked as settled, with no further recourse to the court by any party. The orders of mandamus and prohibition were effectively granted by consent, ensuring the applicant's rights to property and fair administrative action were upheld.
Court Disposition
suit settled by consent; orders granted as per consent terms
Orders
- The DCIO Meru to release Motor Vehicle Registration No. KBF 147K to Elijah Mwenda Nkubitu forthwith.
- Shadrack Muchui Limiri to pay costs/charges/expenses for change of engine oil and replacement of battery within 14 days from the date of release of the vehicle.
Full Case Text
Judgment text and source record
32 paragraphs
IN THE HIGH COURT OF KENYA AT MERU
JUDICIAL REVIEW APPLICATION NO. 3 OF 2013
IN THE MATTER OF AN APPLICATION BY ELIJAH MWENDA NKUBITU FOR JUDICIAL REVIEW ORDERS OF MANDAMUS AND PROHIBITION
IN THE MATTER OF SECITON 8 AND 9 OF THE LAW REFORM ACT CAP.26 LAWS OF KENYA
AND
IN THE MATTER OF ARTICLES 31(B), 40(3) AND 47 OF THE CONSTITUTION OF KENYA, 2010
AND
IN THE MATTER OF MOTOR VEHICLE REGISTRATION NO. KBF 147 K TOYOTA SCP11 SALOON
REPUBLIC...........................................................................................................................APPLICANT
VERSUS
THE DISTRICT CRIMINAL INVESTIGATIONS OFFICER (DCIO)
NORTH IMENTI........................................................................................................1ST RESPONDENT
THE DIRECTOR OF PUBLIC PROSECUTIONS..................................................2ND RESPONDENT
THE HON. ATTORNEY GENERAL.......................................................................3RD RESPONDENT
SHADRACK MUCHUI...........................................................................................INTERSTED PARTY
ELIJAH MWENDA NKUBITU.........................................................................EX PARTE APPLICANT
JUDGEMENT
In his application, the applicant sought an order of mandamus directing the 1st Respondent (DCIO North Imenti) to release Motor vehicle registration No. KBF 147K TOYOTA SCP II SALOON TO Elijah Mwenda Nkubitu forthwith. He also sought an order for the writ of prohibition, prohibiting the 1st Respondent (DCIO North Imenti) from withholding, detaining, impounding, restraining and/or otherwise howsoever interfering with Elijah Mwenda Nkubitu's possession, user and/or enjoyment of Motor vehicle Registration No. KBF 147K TOYOTA SCPII SALOON.
On 3rd July, 2014, the parties urged this Court to adopt the terms of their consent as an order of the court. The consent is contained in a letter addressed to the Deputy Registrar, High Court of Kenya, Meru which requests for a Consent Judgment in the following terms:
“1. THAT the D.C.I.O Meru do release Motor Vehicle Registration No.KBF 147K to its owner ELIJAH MWENDA NKUBITU forthwith.
2. THAT SHADRACK MUCHUI LIMIRI shall pay the costs/charges/expenses for change of engine oil and replacement of battery and the same be done within (14) days from the date of release of the vehicle (KBF 147K) by the D.C.I.O.
3. THAT all and/or any ownership documents in respect of the Motor Vehicle Reg. No. KBJ 147 K held by the D.C.I.O and/or by SHADRACK MUCHUI LIMIRI shall be handed over to ELIJAH MWENDA NKUBITU immediately upon the release of the said Motor Vehicle.
4. THAT each party shall bear its own costs.
Judgment is hereby delivered adopting the terms of the consent as an order of this Court. It is ordered that this suit be marked as settled. The parties may not revive or return the suit to Court.
It is so ordered.
Delivered in Open Court at Meru this 3rd day of July, 2014 in the presence of:
Cc Lilian/Daniel
Ngunjiri for Applicant
Kieti for 1st, 2nd and 3rd Respondents
Mutuma for Interested Party.
P. M. NJOROGE
JUDGE