Republic v Director of Public Prosecution & Kitale County Criminal Investigations Officer [2016] KEHC 1820 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT KITALE

JUDICIAL REVIEW NO. 3 OF 2016

REPUBLIC  …...........................................................................................APPLICANT

VERSUS

THE DIRECTOR OF PUBLIC PROSECUTION......….................1ST RESPONDENT

KITALE COUNTY CRIMINAL INVESTIGATIONSOFFICER ....2ND RESPONDENT

(KISHOR VELJI PATANI ….......................................................................SUBJECT)

J U D G M E N T

The notice of motion dated 22nd June 2016 prays for the following  relief

1) An Order of Cetiorari do issue  to bring to this Honourable Court for purposes of quashing the decision of the Kitale County Criminal Investigation Officer to confiscate and detain motor vehicle registration number KBH 126W Toyota Corana Saloon.

2. An Order of prohibition do issue against the 2nd respondent barring him from bringing fake/and or false charges against the applicant in relation to ownership of motor vehicle registration number KBH 126W Toyota Corona Saloon.

3. An Order of Mandamus do issue compelling the 2nd respondent to release to the applicant motor vehicle number KBH 126W Toyota Corana Saloon.

The same is supported by the affidavit of Kishor Velji Patani together with the statements to be relied upon .  The application is not opposed.  The applicant contents that he purchased the suit motor vehicle from one Peter Waithunguri for a total purchase consideration of Kshs 550,000. He was handed all the documents pertaining to the said vehicle.

Without  transferring it to himself he sold the same vehicle to one Brennda Akumu Omondifor a total purchase consideration of Kshs 600,000/-.  The said Omondi later complained that the vehicle was being looked for by the police on the allegation of  having been stolen. The vehicle was detained at Kitale police station where the applicant was forced to refund  M/s Omondi  the sum of  Kshs 600,000/-. Todate the said vehicle is still parked at the Kitale police station.

He further states that neither the police or any other person has preferred any charges against him and therefore he continuous to suffer mental loss since he has been branded a suspect and  that all efforts to have the  vehicle released to him have been fruitless.

The court has perused the entire application as well as the supporting documents. It appears from the affidavit of service of Elizabeth Omwenyo that the respondents were served  but todate they have not filed any response.

Consequently my understanding is that they have no claim against the applicant or the said motor vehicle. If indeed they were interested in  preferring any charge against the applicant then they should have done so by now.

In the premises I shallow allow the application as follows;

(1) An order of Certiorari is hereby issued bringing to this court for purposes of  of quashing which I hereby do the decision of Kitale County Criminal Investigation Officer confiscating and detaining Motor vehicle Reg. No KBH 126W Toyota Corona Saloon.

(2) An Order of Mandamus is hereby issued  compelling the 2nd respondent to released to the applicant  Motor vehicle Registration number KBH 126W Toyota Corona Saloon further

3) Costs to the applicant.

Orders accordingly.

Delivered  this 5th day of October, 2016.

________________

H.K. CHEMITEI

JUDGE

In the presence of;

Arunga for  Obwonya for Applicant

No appearance for Respondents

Kirong – Court Assistant