The application dated 25th October 2023 seeks the release of a motor vehicle KBY 725 G held at the Nairobi Regional Police Headquarters since 18th October 2023.
The application was served upon the respondents who have not responded to the application to date.
Mr. Muhindi prosecution counsel did not oppose the application when it came up this morning.
He also confirmed that the seizure was prompted by way of a complaint for stealing.
The counsel confirmed that there has been no proceedings initiated in an court to date.
It is thus clear to this court that the continued detention of the motor vehicle amounts to a denial of the Applicants right to property under Article 40 of the Constitution.
The violation cannot therefore be allowed to continue since there are no grounds for its continued detention. The police service should have by now concluded their investigations into whatever offence they were looking into and a decision made to either charge the applicant or release the motor vehicle.
The law under Article 47 of the Constitution envisages fair administrative action by all state agencies.
The seizure and continued detention of the subject motor vehicle for almost a year cannot pass the test of fair Administrative action. I therefore allow the application and order that the body of the motor vehicle KBY 725 G be immediately released to the applicant upon production of ownership documents.
It is so ordered.