[2019] KEHC 7998 (KLR)
The High Court held that the applicant's grievances regarding the detention of the motor vehicle and the pending traffic case should be addressed before the trial Magistrate’s Court, which is competent to determine such issues. The applicant's attempt to seek compensation for loss of business in this criminal...
Source-derived case information.
- Citation
- [2019] KEHC 7998 (KLR)
- Parties
- Applicant: Stabex Logistics Ltd; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Busia
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application 23 of 2018
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Notice of Motion for Production of Detained Motor Vehicle
- Outcome
- application dismissed
- Judges
- KW Kiarie
- Legal Topics
- Detention of Property, Traffic Offences, Judicial Review of Magistrate Court, Constitutional Rights, Criminal Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Stabex Logistics Ltd
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Notice of Motion for Production of Detained Motor Vehicle
Legal Issues
- 1 Whether the High Court should compel the respondent to produce the applicant's detained motor vehicle and trailer.
- 2 Whether the applicant is entitled to relief for alleged loss of business due to the detention of the vehicle.
- 3 Whether the issues raised should be addressed by the trial Magistrate's Court or the High Court.
Ratio Decidendi
The High Court held that the applicant's grievances regarding the detention of the motor vehicle and the pending traffic case should be addressed before the trial Magistrate’s Court, which is competent to determine such issues. The applicant's attempt to seek compensation for loss of business in this criminal application was misplaced, as such claims must be brought in a civil court. The application was found to lack merit and was dismissed accordingly.
Court Disposition
application dismissed
Orders
- The application is dismissed for lack of merit.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT BUSIA
MISCALLENEOUS CRIMINAL APPLICATION NO. 23 OF 2018
STABEX LOGISTICS LTD....................................................................APPLICANT
VERSUS
REPUBLIC..........................................................................................RESPONDENT
RULING
1. STABEX LOGISTICS LTD,the applicant herein, has moved the court by way of Notice of Motion dated 18th November, 2018 under Articles 23, 48, & 159 of the Constitution of Kenya and Section 66 of the Criminal Procedure Code. She is seeking orders as follows:
a) That this matter be certified be certified urgent and be heard on a priority basis.
b) That the respondent be compelled by an order of the court to produce in court motor vehicle Registration Number KCJ 522A Mercedes Benz and its trailer currently held at the Busia weigh Bridge.
2. The application was supported by a sworn affidavit of Abraham Koech Kiprop, the applicant’s General Manager and was premised on the following grounds:
a) That the said motor vehicle was detained on allegations of ferrying excess load at the Ahero weigh bridge.
b) That There was a traffic case pending at the Busia Chief Magistrate’s Court and which she wanted declared null and void ab initio.
3. It would appear that the applicant has either misunderstood his rights or he is deliberately making it appear so. Once there is an allegation of a breach of the law, and the matter is taken to court, the trial court seized of the matter would be competent to address any issues of the alleged breach of the rights of an accused person. The matter can only be refereed to the High court where there are claims of gross violation of an accused person’s rights which may amount to a miscarriage of justice.
4. The issues raised by the applicant herein can best be addressed at the trial of the traffic case pending before the Magistrate’s Court. The General Manager cannot purport to raise his defence in this court. He cannot be heard to ask this court to award him Kshs.450,000/= for loss of business. A claim of this nature can only be made in a civil court in a plaint and certainly not in the submissions.
5. The application lacks merit and is accordingly dismissed.
DELIVEREDandSIGNEDatBUSIA this 29thdayof April, 2019
KIARIE WAWERU KIARIE
JUDGE