[2018] KEHC 5699 (KLR)
The court found that while the police are entitled to detain property such as a motor vehicle in the course of investigations, such detention must not be indefinite or arbitrary. The Fair Administrative Action Act requires that administrative actions, including the detention of property, be fair and reasonable....
Source-derived case information.
- Citation
- [2018] KEHC 5699 (KLR)
- Parties
- Applicant: The Republic; Defendant: O.C.P.D Kisii Police Station; Defendant: Division Traffic Officer, Kisii Police Station
- Court
- High Court
- Court Station
- High Court at Kisii
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Civil Application 33 of 2018
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Leave
- Outcome
- Leave to commence judicial review denied; conditional order for release of motor vehicle issued.
- Judges
- DAS Majanja
- Legal Topics
- Fair Administrative Action, Release of Detained Property, Police Powers, Judicial Review
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
The Republic
Applicant
O.C.P.D Kisii Police Station
Defendant
Division Traffic Officer, Kisii Police Station
Defendant
Procedural Posture
Miscellaneous Application / Ruling on Application for Leave
Legal Issues
- 1 Whether leave should be granted to commence judicial review proceedings regarding the detention of motor vehicle KCC 938E.
- 2 Whether continued detention of the motor vehicle without charging the owners is lawful under the Fair Administrative Action Act.
Ratio Decidendi
The court found that while the police are entitled to detain property such as a motor vehicle in the course of investigations, such detention must not be indefinite or arbitrary. The Fair Administrative Action Act requires that administrative actions, including the detention of property, be fair and reasonable. Since there was no evidence that the owners of the motor vehicle had been charged with any offence, the continued detention of the vehicle without preferring charges would be unfair. The court therefore declined to grant leave for judicial review but ordered that unless the owners are charged before a competent court by a specified date, the vehicle must be released to them.
Court Disposition
Leave to commence judicial review denied; conditional order for release of motor vehicle issued.
Orders
- Leave to commence judicial review proceedings is declined.
- Unless the owners of motor vehicle KCC 938E are charged with an offence in relation to the vehicle before a competent court on or before 2nd July 2018, the vehicle shall be released to the bonafide owners.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KISII
MISC. CIVIL APPL. NO. 33 OF 2018
THE REPUBLIC .......................................................EX-PARTE APPLICANT
VERSUS
O.C.P.D KISII POLICE STATION .......................................1ST DEFENDANT
DIVISION TRAFFIC OFFICER,
KISII POLICE STATION......................................................2ND DEFENDANT
RULING
Having considered the issues raised in regard to the motor vehicle registration number KCC 938E and the evidence that it was involved in investigation concerning several offences, I decline to grant leave as sought in the Chamber Summons dated 18th June 2018. However, to resolve the matter and in accordance with the Fair Administrative Action Act, I direct that unless the owners of the motor vehicle KCC 938E are charged with an offence or offences in relation to the motor vehicle before a competent court, on or before 2nd July 2018, the vehicle shall be released to the bonafide owners.
D.S Majanja
Judge
25/6/2018
[Ruling read and delivered in open Court]
D.S Majanja
Judge
25/6/2018