Automated Summary
Key Facts
The court declined to revise the order denying release of motor vehicle KAG 639C in Machakos CM's Court Criminal Case No. 1481/2005. The vehicle remains an exhibit in an ongoing criminal trial where accused persons, including Elizabeth Wanjiru Muriuki's husband (who absconded and was later killed in Tanzania), are involved. The vehicle is registered in Nancy W. Kiruga's name, not Elizabeth's. The prosecution opposes release to avoid tampering with evidence.
Issues
- The judge highlighted that releasing the vehicle to Elizabeth, whose husband had absconded and later died in Tanzania, could cause injustice. The vehicle's registration under Nancy W. Kiruga further complicated the claim, reinforcing the court's decision to retain the exhibit.
- The applicants argued that the trial court's decision was influenced by an unsigned DCIO report, which they claimed was invalid due to lack of authentication. The judge did not address this specific claim in the ruling, focusing instead on the ongoing criminal trial's need to retain the exhibit.
- The court examined if the orders from Machakos CM's Court in Criminal Case No. 1481/2005, which withheld motor vehicle KAG 639C from Elizabeth Wanjiru Muriuki, were legally valid. The vehicle was registered under Nancy W. Kiruga, not Muriuki, and the prosecution detained it as an exhibit. The judge found no basis to interfere with the orders, noting the ongoing proceedings and risk of injustice.
Holdings
The court determined that there was no reason to interfere with the orders made in Machakos CM's Court Criminal Case No. 1481/2005, as the proceedings are ongoing and the motor vehicle is being detained as an exhibit. The court noted that the vehicle is registered in the name of Nancy W. Kiruga, not Elizabeth Muriuki, and that some accused, including Elizabeth's husband, have absconded and were killed in Tanzania while on the run. The court emphasized that tampering with the exhibit at this stage would occasion injustice and found no grounds for revision, directing the lower court file to be returned.
Remedies
- The court ordered that the lower court file be returned immediately.
- The court found no grounds for revision and therefore declined to revise the orders issued in the lower court case.
Legal Principles
Other
Judge Name
Isaac Lenaola
Passage Text
- 3. I have read the record and especially the submissions made before the learned trial magistrateand her concise Ruling. 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. In any event some of the accused persons in the criminal trial have absconded and one of them was Elizabeth's husband who ended up being killed in Moshi, Tanzania while on the run.
- 5. I see nothing to revise and I decline to do so. Let the lower court file be returned forthwith.