[2016] KEHC 8349 (KLR)
The court found that there was no justification for the continued detention of the subject motor vehicle, as it was not itself under investigation and its evidentiary value for the trial could be preserved through photographs already taken. The applicant, a car hire company, had demonstrated ownership by producing...
Source-derived case information.
- Citation
- [2016] KEHC 8349 (KLR)
- Parties
- Applicant: Robert Fred Muga; Applicant: Abdul Rashid Onyango Koech; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application 369 of 2016
- Procedural Posture
- Miscellaneous Application / Ruling
- Outcome
- application allowed
- Legal Topics
- Detention of Property, Release of Exhibits, Ownership of Motor Vehicle
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Robert Fred Muga
Applicant
Abdul Rashid Onyango Koech
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Application / Ruling
Legal Issues
- 1 Whether there are sufficient grounds for continued detention of the subject motor vehicle by the police.
- 2 Whether the applicant has demonstrated ownership of the motor vehicle and entitlement to its release.
- 3 Whether the release of the vehicle would prejudice the trial.
Ratio Decidendi
The court found that there was no justification for the continued detention of the subject motor vehicle, as it was not itself under investigation and its evidentiary value for the trial could be preserved through photographs already taken. The applicant, a car hire company, had demonstrated ownership by producing the logbook. The court concluded that the interests of justice would be served by releasing the vehicle to its owner, Moto Gari Ltd., with the condition that the vehicle be produced in court if required during trial.
Court Disposition
application allowed
Orders
- Motor vehicle Reg. No. KBV 219Y to be forthwith released to Moto Gari Ltd.
- Moto Gari Ltd. must produce the physical vehicle to the trial court when and if required.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
CRIMINAL DIVISION
MISC. CR. APPLICATION NO. 369 OF 2016
ROBERT FRED MUGA…………....……………………….….1ST APPLICANT
ABDUL RASHID ONYANGO KOECH….....………………...2ND APPLICANT
VERSUS
REPUBLIC……………………………………………………..RESPONDENT
RULING
From the above analysis of this matter, it is clear that there is no good ground why the police should continue to detain the subject motor vehicle. It is only useful in the trial in demonstrating that the accused persons were driving in it at the time of their arrest. The motor vehicle itself is not under investigations. The Applicant which is a car hire company has demonstrated the ownership by logbook No. K502791B registered on 29th August, 2013. Photographs of the vehicle have been taken which will be good enough evidence in the trial.
Accordingly, I order that motor vehicle Reg. No. KBV 219Y be forthwith released to Moto Gari Ltd. The said Moto Gari Ltd. is directed that it must produce the physical vehicle to the trial court when and if required to do so.
DATED and DELIVERED this 17th day of OCTOBER, 2016.
G.W. NGENYE-MACHARIA
JUDGE
In the presence of:
1. Mr. Mburu for the Applicants.
2. Ms. Atina for the Respondent.