Phylis Njeri Ngirita & 2 others v Director of Public Prosecutions & 2 others ; Asset Recovery Agency (Interested Party) [2018] KEHC 1819 (KLR)
- Court
- High Court of Kenya
- Case number
- 1819
- Citation
- [2018] KEHC 1819 (KLR)
- Decided
- 19 December 2018
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeMiscellaneous ApplicationPostureApplicants seek orders compelling respondents to unconditionally release impounded motor vehiclesCoramJ.N. ONYIEGO
Holding
The OCS Naivasha Police station is directed to release the impounded motor vehicles to the applicants or their close relatives with immediate effect
Facts
Three applicants have been charged in corruption-related cases and their motor vehicles, registered in their names or jointly with Platinum Credit Ltd, were impounded by the OCS Naivasha Police Station.
Issues
- Whether the impounded motor vehicles should be released
- Proper custody and detention of the vehicles
Reasoning
The applicants argued that the vehicles were purchased through a loan and continued to accrue interest, and there was no mention of their detention in the prosecution documents.
Outcome
The applicants' application is granted
Orders
- The OCS Naivasha Police station is directed to release the impounded motor vehicles
Remedies
- Immediate release of the impounded motor vehicles
Authorities cited
Legislation (1)
- Article 40, 47, 48 and 159 of the Constitution
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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