Mary Jerubet Kerich & another v Office of the Director of Public Prosecutions & another [2021] KEHC 6609 (KLR)
- Court
- High Court of Kenya
- Case number
- 6609
- Citation
- [2021] KEHC 6609 (KLR)
- Decided
- 27 May 2021
The court finds that the applicants are the registered owners of the vehicle and have a right to its use and enjoyment. The respondents have failed to establish a legal justification for detaining the vehicle. The court allows the interim order to release the vehicle to the applicants with certain conditions.
Facts
The applicants, Mary Jerubet Kerich and Richard Kerich, sought to have their motor vehicle registration number KBQ 265K Toyota NZE released from police impoundment pending investigations into its alleged theft. The vehicle was previously registered in the name of the husband, Richard Kerich, and was used for family business and medical assistance. The vehicle was later reported stolen and recovered by the police.
Issues
- Whether the applicants are the registered owners of the vehicle and have a right to its use and enjoyment.
- Whether the respondents have a legal justification to continue detaining the vehicle as an exhibit in a criminal case that has not yet been instituted.
Reasoning
The court concludes that the applicants are the registered owners of the vehicle and have a constitutional right to its use and enjoyment. The respondents' justification for detaining the vehicle as an exhibit in a non-existent criminal case is insufficient. The court allows the interim order with conditions to ensure the vehicle is available for any future prosecution.
Outcome
The court allows the interim order to release the vehicle to the applicants with certain conditions.
Orders
- The 2nd respondent to take photographs of the vehicle within the next three days.
- The applicants to deposit the original logbook of the subject vehicle.
- The respondents to release the subject vehicle to the applicants once they are served with proof of compliance with condition (ii) above.
- The applicants to avail the subject vehicle to this court or to any other court whenever required to do so.
Remedies
- Interim order to release the vehicle to the applicants with certain conditions.
Authorities cited
Legislation (1)
- Article 40 of the Constitution of Kenya 2010
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