[2012] KEHC 2814 (KLR)
The court found that the motor vehicle and trailer had been in police custody since 2006 without any lawful justification or proper booking procedure. No reason was provided by the respondents for the continued detention of the property. The court held that in the absence of a lawful basis for withholding the...
Source-derived case information.
- Citation
- [2012] KEHC 2814 (KLR)
- Parties
- Applicant: Stanbic Bank Kenya Limited; Respondent: OCS Machakos Police Station; Respondent: DCIO Machakos; Respondent: Commissioner of Police; Respondent: Hon. Attorney General
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Petition 195 of 2008
- Procedural Posture
- Miscellaneous Petition / Judgment
- Outcome
- petition allowed
- Judges
- DAS Majanja
- Legal Topics
- Recovery of Property, Police Custody of Property, Release of Detained Goods
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Stanbic Bank Kenya Limited
Applicant
OCS Machakos Police Station
Respondent
DCIO Machakos
Respondent
Commissioner of Police
Respondent
Hon. Attorney General
Respondent
Procedural Posture
Miscellaneous Petition / Judgment
Legal Issues
- 1 Whether the continued detention of motor vehicle KAS 212L and Trailer ZC 1458 by the police was lawful.
- 2 Whether the petitioner is entitled to the release of the motor vehicle and trailer from police custody.
Ratio Decidendi
The court found that the motor vehicle and trailer had been in police custody since 2006 without any lawful justification or proper booking procedure. No reason was provided by the respondents for the continued detention of the property. The court held that in the absence of a lawful basis for withholding the vehicle and trailer, the petitioner, as the financier and rightful claimant, was entitled to their immediate release. The court further ordered that the petitioner file an indemnity in favour of the respondents upon release of the property, ensuring protection for the respondents against any future claims. The absence of any substantive opposition or explanation from the respondents...
Court Disposition
petition allowed
Orders
- Motor vehicle registration No. KAS 212L and Trailer ZC 1458 to be released forthwith to an agent of CFC Stanbic Bank.
- CFC Stanbic Bank to file an indemnity in favour of the respondents upon release of the motor vehicle within seven days.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
MISCELLANEOUS PETITION 195 OF 2008
STANBIC BANK KENYA LIMITED................................................................................PETITIONER
AND
THE OCS MACHAKOS POLICE STATION.......................................................1ST RESPONDENT
THE DCIO MACHAKOS......................................................................................2ND RESPONDENT
THE COMMISSIONER OF POLICE...................................................................3RD RESPONDENT
HON. ATTORNEY GENERAL...............................................................................4THRESPONDENT
JUDGMENT
1. CFCStanbic Bank financed motor vehicle registrationNo. KAS 212L and Trailer ZC 1458. Unfortunately the debtor oneBethWanjiru t/a Robert and Sonswas unable to complete payment and the bank instructed auctioneers to repossess the vehicle. The vehicle could not be readily traced but at some point it was found at the Machakos Police Station.
2. On 22nd March 2012, I summoned the OCS Machakos Police Station to show cause why the motor vehicle should not be released to the petitioner. When he appeared before the court on 7th May 2012, Chief Inspector Mwaura informed stated on oath that the vehicle was not in the possession of the Machakos Police Station. He undertook to find out the whereabouts of the vehicle. On 30th May 2012, MrKarungo, counsel for the petitioner, informed the court that the vehicle had been located at the Police Dog Unit at Lang’ata.
3. I have considered the supplementary affidavit of MrKarungo sworn on 17th July 2012 where the ChiefInspector of the Police Dog Unit, one Mr Yusuf, who confirms that he has received summons to attend court but that he does not know why the vehicle was brought to the Dog Unit. In a letter dated 12th June 2012, Mr Yusuf also confirms that the vehicle was not booked in accordance with the proper procedure.
4. In view of the fact that the vehicle has been in police custody since the year 2006 and that this matter was filed in 2008 and no reason has been given to show why the motor vehicle is being withheld, I order as follows;
(a)Motor vehicle registration No. KAS 212L and Trailer ZC 1458 be released forthwith to an agent of CFC Stanbic Bank.
(b)CFC Stanbic Bank shall file an indemnity in favour of the respondent upon release of the motor vehicle within seven days.
(c)There shall be no order as to costs.
DATEDand DELIVERED at NAIROBI this 23rdday of July 2012
D.S. MAJANJA
JUDGE