Limlak Sacco v OCS Tigoni Police Station & another [2025] KEHC 5421 (KLR)

Limlak Sacco v OCS Tigoni Police Station & another (Miscellaneous Criminal Application E047 of 2025) [2025] KEHC 5421 (KLR) (24 April 2025) (Ruling)

Neutral citation: [2025] KEHC 5421 (KLR)

Republic of Kenya

In the High Court at Kiambu

Miscellaneous Criminal Application E047 of 2025

DO Chepkwony, J

April 24, 2025

Between

Limlak Sacco

Applicant

and

OCS Tigoni Police Station

1st Respondent

Director of Public Prosecution

2nd Respondent

Ruling

1. The matter is for inter-parties hearing of a Notice of Motion application dated 19th March, 2025 in which the Applicant is seeking that:-a.An order be issued to the O.C.S, Tigoni Police Station, the 1st Respondent herein, to release Motor Vehicle Registration No.KBM 346S to the Applicant herein.b.The costs of this application be in the cause.

2. The application is premised on the grounds set out on its face and the Supporting Affidavit sworn by Kezia Muthoni Kangu, the Relationship Officer for the Applicant herein on even date.

3. The Respondents are not opposed to the application except to seek that the Applicant prays Kshs.13,000/= as towing charges to Airwave Breakdown Services. To which the Applicant’s counsel has agreed to on condition that they be provided with a copy of invoice for the said charges.

4. In the circumstances, the Notice of Motion is allowed on the following terms:-a.The O.C.S, Tigoni Police Station, 1st Respondent herein be and is hereby ordered to release Motor Vehicle Registration No.KBM 346S to the Applicant upon the Applicant offsetting the towing charges amounting to Kenya Shillings Thirteen Thousand (Kshs.13,000/=) as will be confirmed by an invoice from Airwave Breakdown Services.b.Costs to be in the cause.It is so ordered.

RULING DELIVERED VIRTUALLY, DATED AND SIGNED AT KIAMBU THIS 24TH DAY OF APRIL, 2025. D. O. CHEPKWONYJUDGEIn the presence of:M/S Kimani counsel for the ApplicantCourt Assistant - Martin