The court has further ordered that a status report on four other motor vehicles to be produced in court on June 26th, when the investigating officer is expected to provide to the court with the said document after he seized the motor vehicles in March 2020 without a court order.
The cars were seized by the DCI alongside three others after the police sought a court order to access the home of Mr. Echesa and impound them as they conducted investigations pertaining to the ownership of the cars.
In her ruling Wednesday, Kiambu senior Principal magistrate Ms. Stella Atambo ordered the DCI to release motor vehicle Registration Numbers KBY 750 U Toyota Lexus, KBP 725 B Ford Ranger, and a KCL J Mercedes Benz forthwith to the applicant who had proceeded to court on March 24, 2020.
The four vehicles had not been included in the court order.
She, however, cautioned, “this court is enjoined under article 259 of the constitution to interpret the constitution in a manner that promotes its purposes, values, and principles, and advances the rule of law, human rights and fundamental freedoms in the bill of Rights and that contributes to good governance. In exercising its judicial authority, this court is obliged under Article 159(2) (e) of the constitution to protect and promote the purpose and principles of the constitution.” said the magistrate.
She said the search warrants issued by the court then expressly provided for specific motor vehicles that were under investigation and did not imply that you take away all the vehicles in the home of the applicant.
Senior state counsel for the prosecution Mr. Donnex Ongira in the alternative application agreed to release the subject motor vehicles on condition that the DPP is supplied with the original logbooks and authority from the registered owners of the Motor vehicles to release such.
In the miscellaneous application no.94 of 2020, Mr. Echesa in an application certified as urgent sought the DCI to release motor vehicle KCN 006 B Toyota Land cruiser, KCL 350 L Mercedes Benz, KBY 750 U Toyota Lexus, KBP 725 B Ford Ranger, KCW 298 Q Demio, 507,000 and a firearms licensing certificate No 09226 belonging to him.
In the alternative application he prayed to the court that pending the hearing and determination of the application, the court is pleased to issue an order directing the respondent (DCI) to produce before court motor vehicle registration numbers KCN 006 Toyota Land Cruiser, KCL 350 L Mercedes Benz, KBY 750 U Toyota Lexus, KBP 725 B Ford Ranger, KCW 298 Q Demio, 507,000 and a firearms licensing certificate No 09226 which were seized from the applicant’s premises.
