Republic v Officer Commanding Police Division Vihiga & another [2005] KEHC 404 (KLR)
- Court
- High Court of Kenya
- Case number
- 404
- Citation
- [2005] KEHC 404 (KLR)
- Decided
- 15 April 2005
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeMiscellaneous Civil ApplicationPostureApplication for an order of mandamus dismissed with no order as to costsCoramJ.K. SERGON
Holding
The motion is dismissed with no order as to costs
Facts
The applicant Cleophas Omondi Aboum acquired a motor vehicle registration number KAS 446 U. The vehicle was intercepted by traffic policemen from the Vihiga Police Division, who found 420 litres of chang'aa (a prohibited drink) in the vehicle. The vehicle was impounded and detained at the Vihiga Police station.
Issues
- Whether the O.C.P.D., Vihiga should be compelled to release the motor vehicle registration number KAS 446 U
- Who should pay the costs of the proceedings
Reasoning
The applicant abandoned the prayer for mandamus as the subject matter of the proceedings had been released to the applicant. The remaining issue of costs was not addressed.
Outcome
Dismissed
Authorities cited
Legislation (2)
- Traffic Act Cap 403 Laws of Kenya
- Chang'aa Prohibition Act Cap 70 Laws of Kenya
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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