Rosalia Wangui & another v National Police Service Commission & 2 others [2021] KEHC 12927 (KLR)
- Court
- High Court of Kenya
- Case number
- 12927
- Citation
- [2021] KEHC 12927 (KLR)
- Decided
- 27 May 2021
The appeal is dismissed with costs, and the suit is struck out against the 2nd Defendant.
Facts
The Plaintiffs filed a suit against the National Police Service Commission, Kenya National Highways Authority, and the Officer Commanding Webuye Weighbridge Police Station alleging unlawful impounding of a vehicle registration number KBS 664K. The 2nd Defendant filed a preliminary objection seeking the striking out of the suit due to non-compliance with Section 67(a) of the Kenya Roads Act.
Issues
- Jurisdiction of the court to handle the matter
- Compliance with Section 67(a) of the Kenya Roads Act
Reasoning
The Plaintiffs were obligated to serve notice on the Director General of the 2nd Defendant under Section 67(a) of the Kenya Roads Act but did not do so. The court found the suit fatally defective due to non-compliance with the mandatory requirement.
Outcome
Appeal dismissed, suit against the 2nd Defendant struck out
Orders
- Suit against the 2nd Defendant struck out
Authorities cited
Legislation (1)
- Kenya Roads Act No. 2 of 2007
Cases cited (4)
- Owners of Motor Vessel Lillian (S) v Caltex Oil Kenya Limited (1989) KLR 1
- Salome Mumbi Gachii & Another v Kenya National Highways Authority (KENHA) [2020] eKLR
- Michael Otieno Nyaguti & 5 Others v Kenya National Highways Authority (KENHA) [2015] eKLR
- Benson Ruiyi Njane v Kenya Rural Roads Authority & 36 Others [2016] eKLR
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