[2016] KEHC 5060 (KLR)
The court found that the applicant had lawfully purchased the motor vehicle in question at a public auction and that the respondents had not provided any justification for impounding or detaining the vehicle. Since the respondents failed to file any response or contest the applicant's averments, the court accepted...
Source-derived case information.
- Citation
- [2016] KEHC 5060 (KLR)
- Parties
- Applicant: William Gichungu Kiarie; Respondent: OCS Pangani Police Station; Respondent: Inspector General of Police
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Miscellaneous Application 164 of 2016
- Procedural Posture
- Miscellaneous Application / Ruling on Ex Parte Motion for Release of Property
- Outcome
- application allowed
- Legal Topics
- Release of Property, Ex Parte Application, Impounding of Motor Vehicle
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
William Gichungu Kiarie
Applicant
OCS Pangani Police Station
Respondent
Inspector General of Police
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Ex Parte Motion for Release of Property
Legal Issues
- 1 Whether the applicant is entitled to the release of motor vehicle registration no. KBL 638K from police custody.
- 2 Whether the impounding of the motor vehicle by the OCS Pangani Police Station was justified.
Ratio Decidendi
The court found that the applicant had lawfully purchased the motor vehicle in question at a public auction and that the respondents had not provided any justification for impounding or detaining the vehicle. Since the respondents failed to file any response or contest the applicant's averments, the court accepted the applicant's evidence as uncontroverted. The court concluded that there was no lawful basis for the continued detention of the vehicle by the police and allowed the application for its release.
Court Disposition
application allowed
Orders
- The Officer in Charge of Station (O.C.S) Pangani Police Station and the Inspector General of Police are directed to release motor vehicle registration no. KBL 638K to the applicant.
- No order as to costs.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
CIVIL MISC. APPLI. NO. 164 OF 2016
WILIAM GICHUNGU................................................PLAINTIFF/ APPLICANT
- V E R S U S -
OCS PANGANI POLICE STATION...........1ST DEFENDANT/RESPONDENT
INSPECTOR GENERAL OF POLICE......2ND DEFENDANT/RESPONDENT
RULING
1) In the motion dated 14th April 2016, William Gichungu Kiarie, the Plaintiff/Applicant herein is seeking for an order to direct the Officer in Charge of Station (O.C.S) Pangani Police Station and the Inspector of Police the 1st and 2nd Defendants/Respondents to release motor vehicle registration no. KBL 638K to the applicant. The motion was served but the Respondents did not deem it fit to file a response hence this court permitted the applicant to prosecute the motion exparte.
2) I have considered the grounds set out on the face of the motion and the facts deponed in the supporting affidavit plus the oral submissions of Miss Nyaberi, learned advocate for the Applicant. It is clear from the submissions and the material placed before this court that the applicant bought motor vehicle registration no. KBL 638K from an auction held at Pangani Auction Centre and conducted by Lifeline Auctioneers.
3) It is the averment of the applicant that the O.C.S Pangani police station impounded the aforesaid motor vehicle with no good reason at all. These averments have not been controverted. I find no reason to doubt their veracity. Consequently the motion dated 14. 4.2016 well founded, it is allowed in terms of prayer 2 with no order as to costs.
Dated, Signed and Delivered in open court this 5th day of May, 2016
J. K. SERGON
JUDGE
In the presence of:
.................................................... for the Applicant
..................................................... for the Respondent