1. The Applicant moved the Court by a Notice of Motion dated 3rd June 2026 seeking, principally, an order directing the Director of the National Transport and Safety Authority (NTSA) to release and transfer Motor Vehicle Registration No. KBR 904T, Land Rover Discovery 3, into his name. The application is expressed to be brought under Order 51 rule 1 of the Civil Procedure Rules, section 9(2) of the Traffic Act and other enabling provisions of the law.
2. The application is supported by the Applicant's affidavit sworn on 3rd June 2026. His case is that the vehicle was advertised for disposal as uncollected goods pursuant to Gazette Notice No. 16728 dated 14th November 2025. The vehicle was subsequently listed as item No. 40 in the auction notice issued by Wajogi Auctioneers. The Applicant states that he attended the public auction at East Gate Storage Yard and was declared the purchaser.
3. The documentary evidence annexed to the affidavit includes the Gazette Notice, the auction notice, a Certificate of Sale, a receipt evidencing payment of Kshs. 980,000, and the prescribed motor vehicle transfer form. The auction notice identifies item No. 40 as the grounded Land Rover Discovery 3, registration number KBR 904T. The Certificate of Sale records the Applicant as the purchaser of the vehicle.
4. The Applicant further states that following the purchase, he initiated the transfer of ownership by completing the prescribed motor vehicle transfer form and submitting the requisite documents through the e-Citizen platform. The relief sought is therefore intended to facilitate registration of the vehicle in his name following the completed auction purchase.
5. No response has been filed by the Respondent and the Interested Parties despite evidence indicating service on them. The 2nd Interested Party only appointed Beryl A. Odero, Advocate, to act on its behalf. The Advocate, however, filed no response to the application.
6. The application is therefore essentially unopposed.
7. Section 9(1) of the Traffic Act provides as follows:
“No motor vehicle or trailer the ownership of which has been transferred by the registered owner shall be used on a road for more than fourteen days after the date of such transfer unless the new owner is registered as the owner thereof.”
8. From the above, it is clear that the law prohibits the use of a motor vehicle whose ownership has been transferred for more than fourteen days unless the new owner is registered as such. Section 9(2) of the Act on the other hand requires the registered owner to notify the Registrar of the transfer and provides, in appropriate circumstances, for registration in the name of the new owner where the registered owner has failed or refused to comply.
9. Further, Order 22 rule 67 of the Civil Procedure Rules provides that, in the case of movable property not otherwise provided for, the Court may make an order vesting the property in the purchaser.
10. In the present case, the Applicant has placed before the Court the auction notice identifying KBR 904T as the vehicle offered for sale, a Certificate of Sale identifying him as the purchaser and a receipt evidencing payment of Kshs. 980,000. He has also exhibited the prescribed transfer documentation.
11. The Applicant has therefore, in my view, demonstrated, on a balance of probabilities, that he purchased Motor Vehicle Registration No. KBR 904T, paid the purchase price and took the necessary steps to secure registration. There being no contrary evidence from the Respondent or any of the Interested Parties, I find no basis for declining the order sought.
12. Consequently, the Notice of Motion dated 3rd June 2026 is allowed in the following terms:
i. A vesting order is hereby issued directing the Director of the National Transport and Safety Authority to transfer and register Motor Vehicle Registration No. KBR 904T, Land Rover Discovery 3, in the name of the Applicant, GEORGE WASONGA OGALO.
ii. The National Transport and Safety Authority shall issue the Applicant with the requisite registration documents/logbook in his name upon compliance with the applicable statutory requirements and payment of the prescribed fees.
iii. The Applicant shall meet the applicable statutory fees, charges and incidental costs relating to the transfer.
iv. There shall be no order as to costs.
13. It is so ordered.
DATED, SIGNED, AND DELIVERED AT NAIROBI
THIS 17TH DAY OF SEPTEMBER 2026
HON. MR. JUSTICE MOSES ADO
Judge of the High Court
In the Presence of:
Moses C/A
……………… for the Applicant
……………for the Respondent
2. The application is supported by the Applicant's affidavit sworn on 3rd June 2026. His case is that the vehicle was advertised for disposal as uncollected goods pursuant to Gazette Notice No. 16728 dated 14th November 2025. The vehicle was subsequently listed as item No. 40 in the auction notice issued by Wajogi Auctioneers. The Applicant states that he attended the public auction at East Gate Storage Yard and was declared the purchaser.
3. The documentary evidence annexed to the affidavit includes the Gazette Notice, the auction notice, a Certificate of Sale, a receipt evidencing payment of Kshs. 980,000, and the prescribed motor vehicle transfer form. The auction notice identifies item No. 40 as the grounded Land Rover Discovery 3, registration number KBR 904T. The Certificate of Sale records the Applicant as the purchaser of the vehicle.
4. The Applicant further states that following the purchase, he initiated the transfer of ownership by completing the prescribed motor vehicle transfer form and submitting the requisite documents through the e-Citizen platform. The relief sought is therefore intended to facilitate registration of the vehicle in his name following the completed auction purchase.
5. No response has been filed by the Respondent and the Interested Parties despite evidence indicating service on them. The 2nd Interested Party only appointed Beryl A. Odero, Advocate, to act on its behalf. The Advocate, however, filed no response to the application.
6. The application is therefore essentially unopposed.
7. Section 9(1) of the Traffic Act provides as follows:
“No motor vehicle or trailer the ownership of which has been transferred by the registered owner shall be used on a road for more than fourteen days after the date of such transfer unless the new owner is registered as the owner thereof.”
8. From the above, it is clear that the law prohibits the use of a motor vehicle whose ownership has been transferred for more than fourteen days unless the new owner is registered as such. Section 9(2) of the Act on the other hand requires the registered owner to notify the Registrar of the transfer and provides, in appropriate circumstances, for registration in the name of the new owner where the registered owner has failed or refused to comply.
9. Further, Order 22 rule 67 of the Civil Procedure Rules provides that, in the case of movable property not otherwise provided for, the Court may make an order vesting the property in the purchaser.
10. In the present case, the Applicant has placed before the Court the auction notice identifying KBR 904T as the vehicle offered for sale, a Certificate of Sale identifying him as the purchaser and a receipt evidencing payment of Kshs. 980,000. He has also exhibited the prescribed transfer documentation.
11. The Applicant has therefore, in my view, demonstrated, on a balance of probabilities, that he purchased Motor Vehicle Registration No. KBR 904T, paid the purchase price and took the necessary steps to secure registration. There being no contrary evidence from the Respondent or any of the Interested Parties, I find no basis for declining the order sought.
12. Consequently, the Notice of Motion dated 3rd June 2026 is allowed in the following terms:
i. A vesting order is hereby issued directing the Director of the National Transport and Safety Authority to transfer and register Motor Vehicle Registration No. KBR 904T, Land Rover Discovery 3, in the name of the Applicant, GEORGE WASONGA OGALO.
ii. The National Transport and Safety Authority shall issue the Applicant with the requisite registration documents/logbook in his name upon compliance with the applicable statutory requirements and payment of the prescribed fees.
iii. The Applicant shall meet the applicable statutory fees, charges and incidental costs relating to the transfer.
iv. There shall be no order as to costs.
13. It is so ordered.
DATED, SIGNED, AND DELIVERED AT NAIROBI
THIS 17TH DAY OF SEPTEMBER 2026
HON. MR. JUSTICE MOSES ADO
Judge of the High Court
In the Presence of:
Moses C/A
……………… for the Applicant
……………for the Respondent