Kitonga & 2 others v OCS Railways Police Station & 2 others [2023] KEHC 3590 (KLR)

Kitonga & 2 others v OCS Railways Police Station & 2 others (Criminal Miscellaneous Application E097 of 2023) [2023] KEHC 3590 (KLR) (Crim) (29 March 2023) (Ruling)

Neutral citation: [2023] KEHC 3590 (KLR)

Republic of Kenya

In the High Court at Nairobi (Milimani Law Courts)

Criminal

Criminal Miscellaneous Application E097 of 2023

DR Kavedza, J

March 29, 2023

Between

Timothy Mwenda

1st Applicant

Robert M Kitonga

2nd Applicant

Seth Agonya Masiza

3rd Applicant

and

OCS Railways Police Station

1st Respondent

Director Of Public Prosecution

2nd Respondent

Kenya Railways Corporation

3rd Respondent

Ruling

1. Upon hearing a brief submissions by all the parties, it is hereby ordered that the motor cycles be photographed and released to the applicants.

2An order do issue to NTSA to prohibit transfer of the motor cycles until this application is heard and determined.

3. The applicants are prohibited from disposing of the motor cycles pending hearing of this application.

4. The applicants shall present themselves with the escort of their counsel to PC Kiplimo to record statements.

5. Ms Yala and Mr Kiragu to file their relevant responses within 14 days.

6. Mention on April 27, 2023 for directions.

7. Mr Metto has corresponding leave to file his response within 7 days.

RULING READ AND DELIVERED ON 29TH DAY OF MARCH, 2023HON DIANA R KAVEDZAJUDGE