Republic v Chief Magistrate, Kitale, Kenya Forest Service, Officer in Charge Kitale Police Station & Attorney General Ex parte Gerald Njoroge Mburu [2018] KEHC 611 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT KITALE

JUDICIAL REVIEW NO. 4 OF 2018

REPUBLIC................................................................................................APPLICANT

GERALD NJOROGE MBURU....................................................................EXPARTE

AND

THE CHIEF MAGISTRATE, KITALE......................................1ST RESPONDENT

THE KENYA FOREST SERVICE..............................................2ND RESPONDENT

THE OFFICER IN CHARGE KITALE POLICE STATION...3RD RESPONDENT

THE ATTORNEY GENERAL.....................................................4TH RESPONDENT

RULING

1. The court has perused the application dated 5/12/2018 by the exparte applicant.  The same was not opposed by the Respondents.

2. The proceedings from the lower court shows that the Applicant was not a party though a registered owner of the motor vehicle in question Section 389 A (1) of the  Criminal Procedure Code anticipates that the notice of  forfeiture ought to be served upon the owner of the property.  This shall enable him to show cause why the same should not be forfeited.

3. In light of the above  omission the application is hereby allowed with no order as to costs.

Delivered, signed and dated at Kitale this 20th Day of December, 2018.

__________________

H.K. CHEMITEI

JUDGE

20/12/18

In the presence of:

Arunga for the Applicant

Kakoi for the Respondent

Court Assistant – Kirong

Ruling read in open court.