[2004] KEHC 1726 (KLR)
The court found that since the application for release of the motor vehicle was unopposed by the State and the applicant had undertaken to produce the vehicle when required, it was appropriate to allow the application. The court exercised its discretion to order the release of the vehicle to the applicant, subject...
Source-derived case information.
- Citation
- [2004] KEHC 1726 (KLR)
- Parties
- Applicant: Ronald M. Rashid; Respondent: The Republic; Defendant: Job Mwita Muniko
- Court
- High Court
- Court Station
- High Court at Kisii
- Jurisdiction
- Kenya
- Case Number
- ? 781 of 2003
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- Application allowed as prayed.
- Legal Topics
- Narcotic Drugs Control, Forfeiture of Property, Criminal Revision Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Ronald M. Rashid
Applicant
The Republic
Respondent
Job Mwita Muniko
Defendant
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the applicant is entitled to the release of Motor Vehicle Reg.No.KAN 315Q pending the determination of the criminal case.
- 2 Whether the court should order the deposit of the log book as security for the production of the vehicle when required.
Ratio Decidendi
The court found that since the application for release of the motor vehicle was unopposed by the State and the applicant had undertaken to produce the vehicle when required, it was appropriate to allow the application. The court exercised its discretion to order the release of the vehicle to the applicant, subject to the deposit of the log book with the Resident Magistrate's Court at Oyugis, to ensure the vehicle's availability as evidence if needed in the ongoing criminal proceedings.
Court Disposition
Application allowed as prayed.
Orders
- The applicant's Motor Vehicle Reg.No.KAN 315Q be released to him with immediate effect.
- The log book for Motor Vehicle Reg.No.KAN 315Q be deposited with the Resident Magistrate's Court Oyugis.
Full Case Text
Judgment text and source record
3 paragraphs
IN THE HIGH COURT OF KENYA AT KISII CRIMINAL REVISION NO. 3 OF 2004 (From the ruling in criminal Case No.781 of 2003 of the Senior Resident Magistrate’s Court at Oyugis) IN THE MATTER OF THE NARCORTIC DRUGS AND PSYCHOTROPIC SUBSTANCES (CONTROL) ACT NO.4 OF 2994 AND IN THE MATTER OF THE CRIMINAL PROCEDURE CODE CHAPTER 75 LAWS OF KENYA THE REPUBLIC VERSUS JOB MWITA MUNIKO ………………………………………………. ACCUSED Ex-parte RONALD M. RASHID ……………………………………………….. APPLICANT RULING:
I have considered the application the same is not opposed by the State Counsel. It is therefore allowed as prayed. The applicant’s Motor Vehicle Reg.No.KAN 315Q be released to him with immediate effect. The Log book be deposited with the Resident Magistrate’s Court Oyugis. The applicant to produce the vehicle to court when it is so required by the court.
KABURU BAUNI JUDGE25/3/2004