Elvis Kipkorir Cheruiyot & Silas Kiprop Metto v Republic [2016] KEHC 7864 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT NAIROBI

CRIMINAL DIVISION

MISC. CRIMINAL APPLICATION NO.145 OF 2016

ELVIS KIPKORIR CHERUIYOT ………….....1ST APPLICANT

SILAS KIPROP METTO.................................2ND APPLICANT

VERSUS

REPUBLIC……………………………................RESPONDENT

RULING

This court has considered the merits of this application. The orders that commends itself to this Court are as follows:-

The police based at Nairobi Area is hereby ordered to complete investigations within fourteen (14) days of today’s date in respect of motor vehicle Registration Nos.KCF 213 K and KCE 972E that they are currently detaining.

After conclusion of the investigations, the police must either charge the Applicants, if an offence is disclosed (in that case the trial court will give directions as to the custody of the motor vehicles) or release the motor vehicles to the Applicants.

The police cannot keep custody of the motor vehicles in question for an indefinite period with further orders of the court.

Mention on 24th May 2010 for further directions.

DATED AT NAIROBI THIS 4TH DAY OF MAY 2016

L. KIMARU

JUDGE