Republic v Judy Wambui Mungai [2022] KEHC 2337 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT KIAMBU

CRIMINAL CASE NO. 9 OF 2019

IN THE MATTER OF MOTOR VEHICLE REGISTATION NO. KCE 646Z MERCEDES BENZ

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

VERSUS

JUDY WAMBUI MUNGAI.....................................................................1ST ACCUSED

RULING

1. Motor vehicle registration NO. KCE 646Z Mercdes Benz was seized by police when investigating the murder of Mary Wambui Kamangara deceased.  On it being seized by police, the police found it had false number plate, that is registration No. KCC 068U.  The further investigation revealed the said vehicle had been reported stolen from Benson Omondi Omol.

2. The court made an order for the said vehicle KCE 646Z to be released to Benson Omondi Omol on condition that he would not change the registration details with the National Transport and Safety Authority (NTSA) until further orders of the court and on condition that the said Benson Omondi Omol would produce the vehicle when required by the court in this matter.

3. The said vehicle was produced before court on 7th February, 2022.

4. Benson Omondi Omol thereafter applied for the lifting of the caveat placed with NTSA.  The prosecution did not oppose the application.

5. Accordingly, I grant the following orders:-

a. Motor vehicle registration No. KCE 646Z be released to BENSON OMONDI OMOL.

b. The caveat restraint BENSON OMONDI OMOL from carrying out transfer of the vehicle KCE 646Z registered at National Transport and Safety Authority is hereby vacated.

RULING DATED, SIGNED AND DELIVERED AT KIAMBU THIS 16TH DAY OF FEBRUARY, 2022

MARY KASANGO

JUDGE

Coram:

Court Assistant………………………..Mourice

COURT

This ruling be supplied to Benson Omondi Omol.

MARY KASANGO

JUDGE