Republic v Lucy Waithera Njuguna & another [2021] KEHC 6038 (KLR)
- Court
- High Court of Kenya
- Case number
- 6038
- Citation
- [2021] KEHC 6038 (KLR)
- Decided
- 22 June 2021
The application is allowed on the following terms: photographs of the vehicle must be taken within 14 days, the vehicle will be released to the applicant, the applicant is ordered not to sell or dispose of the vehicle, and the applicant must produce the vehicle in court as required.
Facts
The motor vehicle KBP 298E, Prado was seized from the applicant upon his arrest for murder. The vehicle was in the possession of the applicant by written agreement and in lieu of fees. The vehicle was under investigation as part of the deceased's estate.
Issues
- Whether the seized motor vehicle should be released pending the hearing and determination of the case.
- Whether the vehicle should be released with conditions to ensure its preservation for the prosecution's use.
Reasoning
The court considered the case as one of murder and the seized vehicle as an exhibit for the prosecution. The court held that the vehicle should be released with conditions to ensure its preservation for the trial.
Outcome
Application allowed with conditions
Orders
- Photographs of the vehicle to be taken within 14 days
- Vehicle to be released to the applicant
- Applicant not to sell or dispose of the vehicle
- Applicant to produce the vehicle in court as required
Remedies
- Photographs of the vehicle
- Release of the vehicle to the applicant
- Preservation of the vehicle for the prosecution's use
- Production of the vehicle in court
Authorities cited
Legislation (2)
- Penal Code
- Succession Act
Cases cited (2)
- Joseph King’ori Mikamiti and Another v. DCI, Igembe South and DPP (2020)eKLR
- Republic v. John Ng’ang’a Mbugua (2014)eKLR
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