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JudgmentDANIEL J LOTUAI VS NATIONAL TRANSPORT AND SAFETY AUTHORITY2 min read

DANIEL J LOTUAI VS NATIONAL TRANSPORT AND SAFETY AUTHORITY

High Court at Maralal High Court (Sub Registry) · · Lilian Mutende

1. DANIEL JOHN LOTUAI, the Applicant, approached this court through an application dated 08/04/2026 seeking issuance of a vesting order to compel the Director of National Transport and Safety Authority (NTSA) to transfer Motor-Vehicle Registration Number KCG 715 J Toyota Harrier (Subject Motor- Vehicle) to the Applicant and to issue him with a duplicate logbook for the Motor Vehicle in his name.

2. The application is premised on grounds that the Applicant purchased the Subject Motor-Vehicle from Dorothy Mulizwa Mangiza on 22/04/2016 and he was availed all requisite documents required by the Respondent to facilitate transfer to himself except a vesting order. And, because of age he would require the Motor-Vehicle to be transferred and registered in his name so as to aid his mobility and for use to hospital.

3. The Applicant deponed an affidavit in support of the application where he depones interalia that when he purchased the Motor-vehicle it was delivered to him hence is in his possession but the original logbook is in the name of the Seller, Mutizwa Mangiza Dorothy who executed the transfer form and released to him.

4. That the Subject Motor-vehicle was subjected to a tape lift before Directorate of Criminal Investigations Samburu Central on 13/03/2024 and the tape lift report prepared. And, the Applicant has availed all requisite documents as required by the Respondent to facilitate transfer to himself except the vesting order.

5. The application was duly served upon the Respondent who failed and/or neglected to file a response hence the application was deemed to be unopposed.

6. I have considered the application. It has been demonstrated through affidavit evidence presented by the Applicant where he has detailed how he acquired the Subject Motor-Vehicle for which a transfer is required. The logbook has been availed which bears the name of the Vendor Mangiza Mutizwa a holder of passport Number (withheld). Adduced is also a DCI Tape Lift Report which did verity the Chassis Number.

7. In the circumstances, I find the Applicant having made out a case for issuance of the orders sought. For that reason, I order that a vesting order be and is hereby issued directed to the Respondent to transfer ownership of the Motor-Vehicle Registration Number KCG 715 J Toyota Harrier to the Applicant and to issue him with the log book bearing his names.

8. Costs of the application shall be in the cause.

9. It is so ordered.

HCCMISC. NO. E001 OF 2026 RULING Page 3
    DANIEL J LOTUAI VS NATIONAL TRANSPORT AND SAFETY AUTHORITY DANIEL J LOTUAI VS NATIONAL TRANSPORT AND SAFETY AUTHORITY