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…REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI (MILIMANI LAW COURTS) CRIMINAL APPEAL 782 OF 1983 Manyala...............Appellant v Republic................Respondent Criminal law - theft of motor vehicle - identification…

…The appellant was convicted for the offence of theft of a motor vehicle contrary to section 278 (a) of the Penal Code. He was identified by a witness named Marindi as being one of the people who drove away the lorry.…

…On the material date Mwangi Thumbi (Thumbi), found, the appellant removing a side driving mirror from motor vehicle KKH 231, which belonged to Waruguru. He suspected the appellant.…

…He woke Waruguru up and together with two other people they went to the appellant’s house who on demand produced Waruguru’s motor vehicle side mirror and another one for an unknown motor vehicle.…

…of the offence were that on the 2nd day of June, 1992 at about 9.15 pm at Namanga border entry point in Kajiado district of the Rift Valley province, was found in possession of 266,000 methaqualone (mandrax) tablets in a motor…

…vehicle Reg No APA 584, pick up Toyota Land Cruiser otherwise then in accordance with the provisions of the Dangerous Drugs Act.…

….…………..DEFENDANT RULING The defendant herein Kimunye Investments Ltd, moved the court under Section 3A of the Civil Procedure Act (Cap 21) asking for orders that:- “The sale of motor-vehicle Reg No KTJ 996, in August 1986…

…Mr Kamotho’s complaint was that the warrant of attachment issued for the sale of this motor-vehicle had expired and it was not re-issued so that the auctioneers had no authority to sell the vehicle as they did.…

…To lose the subject motor vehicles when it may turn out that no arrears are owed would in my view occasion to the plaintiff an injury which cannot be adequately compensated by damages.…

…vehicles.…

…vehicle Reg No KNN 997 when the said motor vehicle collided with another motor vehicle Reg No KDP 744 on 20th August 1977 along Bungoma/Mumias Road.…

…The driver (of the lorry) dipped the lights when the motor vehicles were about to by-pass one another they encountered a stationary motor vehicle, ahead of them into which their motor vehicle rammed into.…

…The appellant filed a defence denying having insured motor vehicle KVE 424, (hereinafter referred to as the subject vehicle), at the material time but contending without prejudice, that if there was an insurance cover then…

…the appellant is liable to satisfy the judgment in Civil suit HCCC No.5808 of 1993 under Section 10(1) of the Insurance (Motor Vehicles 3rd Party Risks) Cap 405. 11.…

…NO 3086 OF 1989 ROBERT LETAPIN OLE KIDOTU...........................PLAINTIFF VERSUS STEPHEN MUIRURI...........................................RESPONDENT RULING The objector herein, Loise Njoki Murathi seeks release of a motor…

…vehicle, KZZ 658 attached at the instance of the plaintiff herein, Mr Kidotu for a debt owed by the defendant Mr Muiruri who is the husband of the objector.…

…There was further an order that the registration of the said vehicle by the Registrar of Motor Vehicles be cancelled and fresh registration be done.…

…The situation obtaining is that appellant had indeed bought the body of a motor vehicle (ex 11) from Thomas Kimotho Gachuhi (PW -2) of Jalopy Motor Spares who deal in second hand motor vehicles and scrap metals along Komorock…

…The Plaintiff was not hit by the said motor vehicle on 20.1.91 of the Nairobi-Mombasa road. In fact there was no pleading or evidence mentioning this road.…

…vehicle so as to avoid the said accident. c) Failing to have any or any proper regard for the safety of other bad users particularly the plaintiff. d) Failing to keep the said motor vehicles in a good proper state of repairs…

…vehicle KTM 104 which respondent paid on his behalf and also that plaintiff has expended a further shs 20,000/- in respect of the vehicle; that motor vehicle KTM 104 is in plaintiff’s possession but cannot fetch more than…

…motor vehicle KTM 104; that except for the price of KTM 104 – which is shs70,000/- he does not owe plaintiff any other money nor has plaintiff sold any other goods other than the three motor vehicles nor advanced any money…

…rear of motor vehicle registration No KUJ 314 with the result that the respondent sustained severe personal injuries and therefore suffered loss and damage.…

…The appellant admitted being the insurer of motor vehicle registration No KZV 889 in the name of Pauline Kimuyu and that it was duly notified by the insured of the accident involving the aforesaid motor vehicle and motor…

…Particulars thereof included:- (a) That the defendant drove (the motor vehicle) at a speed which was excessive in the circumstances; (b) He failed to take any or any adequate precaution to ascertain whether the motor vehicle…

…(c) He failed to have any or any sufficient regard in the safety of passengers in the motor vehicle.…

…There is no doubt that the second appellant was the driver of the motor vehicle that drove the thieves to the house of the complainant.…

…At the scene there were several securicor motor vehicles with sirens on but he did not stop. His conduct for the Republic was evidence of his guilt. The second appellant does not deny acting the way he did.…

…The Plaintiff was the owner of a motor vehicle registration No.…

…Kinyua was charged and convicted of careless driving and driving a motor vehicle without a driving licence.…

…that she is co-owner to the extent of one half of such other extent as the court shall determine of all her husband’s immovable property including the matrimonial home as well as all his equity in company stock and all his motor…

…vehicles.…

…vehicle, “he is himself under a duty to see that care is exercised in driving of the motor vehicle on his business.”…

…Henry was authorized to drive the respondent’s motor vehicle for general estate work, but he was not allowed to use the vehicle for his own purpose.…

…It was part of his duties to drive the defendant’s motor vehicles to various destinations on designated duties or purposes.…

…In these circumstances, it would appear that at the moment of impact the two motor vehicles were not traveling at a speed.…