John Syimonjero v Directorate of Public Prosecution & another [2018] KEHC 8740 (KLR)
- Court
- High Court of Kenya
- Case number
- 8740
- Citation
- [2018] KEHC 8740 (KLR)
- Decided
- 30 January 2018
The application is allowed with the following conditions: photographs of the vehicle will be taken, ownership will be verified, the original log book will be deposited in court, and the vehicle will be released to the applicant within 2 days of the ruling.
Facts
The applicant, John Syimonjero, claims ownership of a Toyota Sienta motor vehicle (registration No.KBW 305J) that was seized by the Divisional Criminal Investigations Officer (DCIO) at Nakuru. The vehicle was seized during an investigation into a murder case involving the 4th accused, James Mwaura Ngige.
Issues
- Whether the motor vehicle is an exhibit in the murder case
- Ownership of the motor vehicle
Reasoning
The vehicle was seized during an investigation into a murder case, but there is no clear evidence that it was an exhibit. The court allows the release of the vehicle with conditions to ensure its availability for future court proceedings.
Outcome
Application granted
Orders
- Photographs of the vehicle to be taken
- Ownership of the vehicle to be verified
- Original log book to be deposited in court
- Vehicle to be released to the applicant within 2 days
- Vehicle to be availed in court as required in the murder case
Remedies
- Release of the motor vehicle to the applicant
Authorities cited
Cases cited (1)
- R. V. John Nganga Mbugua (2014) eKLR
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