Case ID:185664

Ephantus Nyaga Njagi v DPP [2021] eKLR

Case Metadata

Case Number:

Miscellaneous Criminal Application 95 of 2019

Parties:

Ephantus Nyaga Njagi v DPP

Date Delivered:

16 Nov 2021

Case Class:

Criminal

Court:

High Court at Kiambu

Case Action:

Ruling

Judge(s):

Mary Muhanji Kasango

Citation:

Ephantus Nyaga Njagi v DPP [2021] eKLR

Advocates:

For applicant : Mr. Gachoka

For DPP: Ms. Kathambi

Court Division:

Criminal

County:

Kiambu

Advocates:

For applicant : Mr. Gachoka

For DPP: Ms. Kathambi

History Advocates:

Both Parties Represented

Case Outcome:

Notice of motion granted

Disclaimer:

The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT KIAMBU

MISC. CRIMINAL APPLICATION NO. 95 OF 2019

EPHANTUS NYAGA NJAGI...............................................................................APPLICANT

VERSUS

DPP........................................................................................................................RESPONDENT

RULING

1. The motor vehicle registration Number KCE 582K is registered in the name

EPHANTUS NYAGAH NJAGI.

The vehicle has been in the custody of

Directorate of criminal Investigation

(DCI) Headquarters, Nairobi following the institution of the

Kiambu High Court Criminal Case No. 9 of 2019

.

2. By notice of motion application dated 2

nd

August, 2021

Mr. Njagi

seeks the vehicle be released to him. He deponed in his affidavit in support that he had continued to suffer economic loss because the detained vehicle is an income generating asset.

3. The application is not opposed by

Director of Public Prosecution

s (DPP). However, DPP does request that an order be issued restraining Mr. Njagi from disposing the vehicle and that the vehicle be released on condition the DCI be permitted to photograph the vehicle.

ANALYSIS

4. The vehicle is held by DCI in view of the ongoing Kiambu Criminal Case No. 9 of 2019. It is however clear that the continued retention of that vehicle by DCI is not material to the pending criminal case. The orders sought subject to the conditions requested by DPP will be granted.

CONCLUSION

5. In respect to the Notice of Motion dated 2

nd

August, 2021, I grant the following orders:-

(a) Motor vehicle registration KCE 582K shall henceforth be released to

EPHANTUS NYAGA NJAGI

on condition that said motor vehicle’s ownership will not change during the subsistence of Kiambu Criminal Case No. 9 of 2019.

(b) The Directorate of Criminal Investigations is hereby permitted to photograph the said vehicle prior to its release.

(c) There shall be no orders as to costs.

RULING DATED AND DELIVERED AT KIAMBU THIS 16TH DAY OF NOVEMBER, 2021.

MARY KASANGO

JUDGE

CORAM:

COURT ASSISTANT: MOURICE

FOR APPLICANT : MR. GACHOKA

FOR DPP: MS. KATHAMBI

COURT

RULING DELIVERED VIRTUALLY.

MARY KASANGO

JUDGE