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Nawasuku Savings and Credit Cooperative Society Ltd v Director of Public Prosecution & 2 others [2013] KEHC 6841 (KLR)

[2013] KEHC 6841 (KLR) High Court of Kenya
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Court
High Court of Kenya
Case number
6841
Citation
[2013] KEHC 6841 (KLR)
Decided
28 November 2013
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeCriminal ApplicationPosturePetitioner seeks stay of execution of order granted by Hon. E. Nduva (SRM) issued on 27th September 2012CoramL. A. Achode
Holding

The application is found to be unmeritorious and is dismissed.

Facts

Petitioner is the employer of the accused person in Traffic case No. 17211 of 2012. Patrol Officers detected a motor vehicle without a uniform and arrested the driver. The motor vehicle was impounded and the petitioner sought to have it released.

Issues

  1. Whether the orders issued by the learned magistrate were unconstitutional and infringed on the petitioner's rights.
  2. Whether the petitioner complied with the orders of the court.

Reasoning

The orders were not unconstitutional and did not infringe on the petitioner's rights. The petitioner failed to comply with the orders of the court.

Outcome

Application dismissed

Authorities cited

Legislation (5)
  • Traffic Amended Rules Cap 403
  • Traffic Act Cap 403
  • Section 110 of the Traffic Act
  • Section 107 of the Traffic Act
  • Section 111 of the Traffic Act
Cases cited (1)
  • Anarita Karimi Njeru v Republic [1976-80] 1 KLR pg. 1275
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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