Malonza v The Nairobi City County & 2 others (Petition E027 of 2021) [2022] KEHC 13632 (KLR) (Constitutional and Human Rights) (11 October 2022) (Judgment)
- Court
- High Court of Kenya
- Case number
- 13632
- Citation
- [2022] KEHC 13632 (KLR)
- Decided
- 11 October 2022
The court found that the petitioner's rights were violated and ordered the respondents to release the petitioner's motor vehicle within seven days or any shorter period as the court may deem fit.
Facts
Petitioner's motor vehicle registration number KCC 328C was impounded by respondents' officers on December 17, 2020. The petitioner paid impounding charges but claimed the subsequent detention was unjustified as the respondents failed to inform him about the towing charges or breakdown fees.
Issues
- Whether the petitioner's rights under articles 10, 35, 40, 43 and 232 of the Constitution were violated
- Whether the petitioner is entitled to the reliefs sought
Reasoning
The court held that the petitioner's constitutional rights were violated due to the respondents' failure to inform him about the towing charges or breakdown fees. The court also found that the petitioner is entitled to the reliefs sought.
Outcome
The court ordered the respondents to release the petitioner's motor vehicle within seven days or any shorter period as the court may deem fit.
Orders
- An injunction restraining the respondents from further detaining the petitioner's motor vehicle registration number KCC 328C and an order that the respondents do release the petitioner's motor vehicle within seven days of this court's order or any shorter period as the court may deem fit.
Remedies
- An order that the respondents do pay the petitioner Ksh 10,000.00 per day or such amount as the court shall find due from December 17, 2020 until such time as the respondents shall release the vehicle to the petitioner as damages arising directly from infringement and violation of his constitutional rights.
Authorities cited
Legislation (1)
- Articles 10, 35, 40, 43 and 232 of the Constitution of Kenya
Cases cited (3)
- Husus Mugiri v Music Copy Right Society of Kenya & another [2018] eKLR
- Meme v Republic [2004] eKLR
- Reuben Njuguna Gachuka & another vs Inspector General Police Service & others (2019) eKLR
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