Automated Summary
Key Facts
The High Court of Kenya in Machakos declined a revision request to release motor vehicle KAG 639C from criminal case No. 1481/2005. The trial magistrate had previously refused release based on an unsigned DCIO report, which the applicants argued was invalid. The court upheld the decision, noting the ongoing criminal proceedings, the vehicle's registration under Nancy W. Kiruga (not Elizabeth Muriuki), and the fact that Elizabeth's husband (an accused party) had absconded and died in Tanzania while fleeing. The court emphasized that tampering with the exhibit at this stage would cause injustice.
Issues
The court considered whether the trial magistrate's order to withhold motor vehicle KAG 639C was valid, as the decision was based on an unsigned report from the DCIO, Machakos, which the applicants argued lacked authentication. The court emphasized that the vehicle remains an exhibit in an ongoing criminal case and that the report's invalidity did not justify revising the order.
Holdings
The court declined to revise the orders in Criminal Case No. 1481/2005, upholding the trial magistrate's decision to retain the motor vehicle KAG 639C as an exhibit due to ongoing proceedings and the vehicle's registration under Nancy W. Kiruga rather than Elizabeth Muriuki. The court found no basis for interference and rejected the claim that the DCIO's unsigned report invalidated the decision.
Remedies
The court found no grounds for revision, declined to interfere with the trial court's orders, and directed the lower court file to be returned forthwith.
Legal Principles
The court declined to revise the lower court's order, emphasizing that the vehicle was an exhibit in an ongoing criminal case and noting the invalidity of an unsigned DCIO report as a basis for release. It also highlighted the risk of injustice from tampering with evidence.
Judge Name
Isaac Lenaola
Passage Text
- I see nothing to revise and I decline to do so. Let the lower court file be returned forthwith.
- There is absolutely no reason why this court should interfere with the orders made because the proceedings in Cr. Case No. 1481/2005 are on-going and the Prosecution is detaining the subject motor-vehicle as an exhibit in the case. It is incredible that the advocates are saying that the motor vehicle should be released to Elizabeth when the records indicate that it is registered in the names of Nancy W. Kiruga and not Muriuki who was Elizabeth's husband.
- To tamper with an exhibit at this stage and to merely take its photograph as suggested by Elizabeth and her advocate would occasion injustice.