Director of Criminal Investigation Voi v Greentop Logistics & 2 others; Red Sea Trading Company Limited (Interested Party) [2025] KEHC 3767 (KLR)

Director of Criminal Investigation Voi v Greentop Logistics & 2 others; Red Sea Trading Company Limited (Interested Party) (Judicial Review E003 of 2025) [2025] KEHC 3767 (KLR) (12 March 2025) (Ruling)

Neutral citation: [2025] KEHC 3767 (KLR)

Republic of Kenya

In the High Court at Voi

Judicial Review E003 of 2025

AN Ongeri, J

March 12, 2025

Between

Director Of Criminal Investigation Voi

Applicant

and

Greentop Logistics

1st Respondent

Kenya Revenue Authority

2nd Respondent

Regional Electronic Cargo Tracking System (Rects)

3rd Respondent

and

Red Sea Trading Company Limited

Interested Party

Ruling

1. This matter is urgent considering that the container is currently at a place where the electronic seal cannot be recharged.

2. In order to expedite the matter and to mitigate losses, the owner of the goods to cater for the costs of breaking the seals.

3. The consignment to be accompanied by customs officers to the border at Malaba to verify the seals.

4. The owner of the goods is at liberty to seek redress thereafter if need be.

5. PC No. 70018 PC Robert Mwaria is authorized to break the seals and to investigate the contents in the consignment Container No. SFKU44462778 on motor vehicle registration KAV 091U/ZC 4284 on 13th March, 2025 in the presence of owner and/or his representative, the Applicant and customs officers.

6. Mention on 26th March, 2025 for further directions and/or closing of the same.

DATED, SIGNED AND DELIVERED THIS 12TH DAY OF MARCH 2025 IN OPEN COURT AT VOI.ASENATH ONGERIJUDGEIn the presence of:-Court Assistants: Maina/MillicentProsecutor: Mr. NgigiMr. Mwazighe for the Interested PartyMr. Edgar Isutsa for Kenya Revenue Authority