[2022] KEHC 2337 (KLR)
The court found that the motor vehicle in question, having been produced as an exhibit and with no opposition from the prosecution, should be released to its lawful owner, Benson Omondi Omol. The caveat restraining transfer of the vehicle at NTSA was no longer necessary, as the vehicle had been produced before the...
Source-derived case information.
- Citation
- [2022] KEHC 2337 (KLR)
- Parties
- Applicant: Republic; Defendant: Judy Wambui Mungai
- Court
- High Court
- Court Station
- High Court at Kiambu
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 9 of 2019
- Procedural Posture
- Criminal Case / Ruling on Application for Release of Motor Vehicle and Lifting of Caveat
- Outcome
- Application for release of motor vehicle and lifting of caveat allowed.
- Judges
- MM Kasango
- Legal Topics
- Seizure of Property, Release of Exhibits, Ownership Disputes, Vehicle Registration
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Judy Wambui Mungai
Defendant
Procedural Posture
Criminal Case / Ruling on Application for Release of Motor Vehicle and Lifting of Caveat
Legal Issues
- 1 Whether the motor vehicle registration No. KCE 646Z should be released to Benson Omondi Omol.
- 2 Whether the caveat restraining transfer of the vehicle at NTSA should be lifted.
Ratio Decidendi
The court found that the motor vehicle in question, having been produced as an exhibit and with no opposition from the prosecution, should be released to its lawful owner, Benson Omondi Omol. The caveat restraining transfer of the vehicle at NTSA was no longer necessary, as the vehicle had been produced before the court and there were no pending objections. The court exercised its discretion to vacate the caveat and ordered the release of the vehicle, subject to compliance with any further court orders if required.
Court Disposition
Application for release of motor vehicle and lifting of caveat allowed.
Orders
- Motor vehicle registration No. KCE 646Z be released to Benson Omondi Omol.
- The caveat restraining Benson Omondi Omol from carrying out transfer of the vehicle KCE 646Z registered at National Transport and Safety Authority is hereby vacated.
Full Case Text
Judgment text and source record
25 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT KIAMBU
CRIMINAL CASE NO. 9 OF 2019
IN THE MATTER OF MOTOR VEHICLE REGISTATION NO. KCE 646Z MERCEDES BENZ
REPUBLIC..................................................................................................APPLICANT
VERSUS
JUDY WAMBUI MUNGAI.....................................................................1ST ACCUSED
RULING
1. Motor vehicle registration NO. KCE 646Z Mercdes Benz was seized by police when investigating the murder of Mary Wambui Kamangara deceased. On it being seized by police, the police found it had false number plate, that is registration No. KCC 068U. The further investigation revealed the said vehicle had been reported stolen from Benson Omondi Omol.
2. The court made an order for the said vehicle KCE 646Z to be released to Benson Omondi Omol on condition that he would not change the registration details with the National Transport and Safety Authority (NTSA) until further orders of the court and on condition that the said Benson Omondi Omol would produce the vehicle when required by the court in this matter.
3. The said vehicle was produced before court on 7th February, 2022.
4. Benson Omondi Omol thereafter applied for the lifting of the caveat placed with NTSA. The prosecution did not oppose the application.
5. Accordingly, I grant the following orders:-
a. Motor vehicle registration No. KCE 646Z be released to BENSON OMONDI OMOL.
b. The caveat restraint BENSON OMONDI OMOL from carrying out transfer of the vehicle KCE 646Z registered at National Transport and Safety Authority is hereby vacated.
RULING DATED, SIGNED AND DELIVERED AT KIAMBU THIS 16TH DAY OF FEBRUARY, 2022
MARY KASANGO
JUDGE
Coram:
Court Assistant………………………..Mourice
COURT
This ruling be supplied to Benson Omondi Omol.
MARY KASANGO
JUDGE