Abdulrahman v Republic [2024] KEHC 15712 (KLR)

Abdulrahman v Republic (Miscellaneous Criminal Application E186 of 2024) [2024] KEHC 15712 (KLR) (13 December 2024) (Ruling)

Neutral citation: [2024] KEHC 15712 (KLR)

Republic of Kenya

In the High Court at Kibera

Miscellaneous Criminal Application E186 of 2024

DR Kavedza, J

December 13, 2024

Between

Amne Aboud Abdulrahman

Applicant

and

Republic

Respondent

Ruling

1. The applicant filed the notice of motion dated 14th November 2024 seeking the immediate and unconditional release of motor vehicle registration no. KDP 989N Suzuki Swift to the applicant. That the OCS Langata Police Station to supervise the execution of the orders. The application is premised on the grounds thereof and supported by an affidavit sworn by the applicant of similar date.

2. The applicant asserts that he is the beneficial owner of the motor vehicle in question, which was impounded by police officers at Lang’ata Police Station. The vehicle was being used for car hire services. The applicant hired the vehicle to one Steve Njagi, who was subsequently arrested and charged. The motor vehicle is not subject to forfeiture.

3. The applicant has no objection to the respondent photographing the vehicle or depositing the original logbook with the Directorate of Criminal Investigations (DCI) at Lang’ata Police Station. He has expressed his willingness to produce the vehicle as and when required for evidentiary purposes in the case against the accused. The applicant contends that the continued detention of the vehicle is unjust and has urged the court to grant the orders sought for its release.

4. The respondent did not oppose the application.

5. I have considered the application, the supporting affidavit, and the applicable law. The issue for determination is whether the motor vehicle should be released.

6. The motor vehicle herein is the subject of the criminal trial. I note that from the record, there is nothing from the trial court’s record to indicate that the motor vehicle in issue is subject to forfeiture proceedings or is a prosecution exhibit.

7. Having this in mind, and the fact that the vehicle is also used in the transport business and generates income for the owner, will not make sense to confine the vehicle into police custody. In the circumstances, there is no reason to impinge on property rights of the owner. I am borrowing from the wisdom in the decision in Republic v John Nganga Mbugua [2014] eKLR. Accordingly, I make the following Orders:i.Motor vehicle registration number KDP 989N Suzuki Swift held at Langata Police Station be released to the applicant Amne Aboud Abdulrahman.ii.The applicant is directed not to transfer the ownership of the motor vehicle pending the hearing and determination of Kibera Chief Magistrates Court Criminal case no. E1578 of 2024. iii.The investigating officer is at liberty to take photographs of the motor vehicle which shall be used as prosecution exhibits before it is released to the applicant.iv.The applicant is directed to produce the motor vehicle as and when required to do so by the trial court, in the event the motor vehicle is required.

Orders accordingly.

RULING DATED AND DELIVERED VIRTUALLY THIS 13TH DAY OF DECEMBER 2024________________D. KAVEDZAJUDGE