Republic v O.C.P.D Kisii Police Station, Division Traffic Officer Kisii Police Station [2018] KEHC 5699 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT KISII

MISC. CIVIL  APPL. NO. 33 OF 2018

THE REPUBLIC  .......................................................EX-PARTE  APPLICANT

VERSUS

O.C.P.D KISII POLICE STATION .......................................1ST DEFENDANT

DIVISION TRAFFIC OFFICER,

KISII POLICE STATION......................................................2ND DEFENDANT

RULING

Having considered the issues raised in regard to the motor vehicle registration number KCC 938E and the evidence that it was involved in investigation concerning several offences, I decline to grant leave as sought in the Chamber Summons dated 18th June 2018.  However, to resolve the matter and in accordance with the Fair Administrative Action Act, I direct that unless the owners of the motor vehicle KCC 938E are charged with an offence or offences in relation to the motor vehicle before a competent court, on or before 2nd July 2018, the vehicle shall be released to the bonafide owners.

D.S Majanja

Judge

25/6/2018

[Ruling read and delivered in open Court]

D.S Majanja

Judge

25/6/2018