Saningo v Republic [2025] KEHC 8976 (KLR)

Saningo v Republic (Miscellaneous Application E011 of 2025) [2025] KEHC 8976 (KLR) (29 April 2025) (Ruling)

Neutral citation: [2025] KEHC 8976 (KLR)

Republic of Kenya

In the High Court at Voi

Miscellaneous Application E011 of 2025

AN Ongeri, J

April 29, 2025

Between

Florence Wairimu Saningo

Applicant

and

Republic

Respondent

Ruling

1. This is a revision application seeking release of motor vehicle registration number KDB 767E make Toyota Hiace.

2. The trial court gave a condition for release of the same that the original copy of the motor vehicle log book be deposited in court.

3. The Applicant is unable to procure the original log book which was deposited with the Bank which is the financier of the motor vehicle unless the entire outstanding loan is repaid in full.

4. I find that it is in the interest of justice that the order be varied to secure release of the motor vehicle.

5. The Bank will not be prejudiced by the release of the motor vehicle but will stand to lose if the motor vehicle is not released.

6. I allow the revision application and direct that the order for deposit of the original log book be and is hereby substituted with an order for deposit of the certified copy of the log book as a condition for the release of the motor vehicle.Orders To Issue Accordingly.

DATED, SIGNED AND DELIVERED THIS 29TH DAY OF APRIL, 2025 IN OPEN COURT AT VOI.ASENATH ONGERIJUDGEIn the presence of:-Prosecutor: Mr. NgigiCourt Assistants: MainaMr. Brian Motuka for the Applicant