Case Metadata |
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| Case Number: | Judicial Review 4 of 2018 |
|---|---|
| Parties: | Republic v Chief Magistrate, Kitale, Kenya Forest Service, Officer in Charge Kitale Police Station & Attorney General Ex parte Gerald Njoroge Mburu |
| Date Delivered: | 20 Dec 2018 |
| Case Class: | Civil |
| Court: | High Court at Kitale |
| Case Action: | Ruling |
| Judge(s): | Hilary Kiplagat Chemitei |
| Citation: | Republic v Chief Magistrate, Kitale & 3 others Ex parte Gerald Njoroge Mburu [2018] eKLR |
| Advocates: | Arunga for the Applicant, Kakoi for the Respondent |
| Court Division: | Civil |
| County: | Trans Nzoia |
| Advocates: | Arunga for the Applicant, Kakoi for the Respondent |
| History Advocates: | Both Parties Represented |
| Case Outcome: | Application Allowed |
| Disclaimer: | The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information |
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT KITALE
JUDICIAL REVIEW NO. 4 OF 2018
REPUBLIC................................................................................................APPLICANT
GERALD NJOROGE MBURU....................................................................EXPARTE
AND
THE CHIEF MAGISTRATE, KITALE......................................1ST RESPONDENT
THE KENYA FOREST SERVICE..............................................2ND RESPONDENT
THE OFFICER IN CHARGE KITALE POLICE STATION...3RD RESPONDENT
THE ATTORNEY GENERAL.....................................................4TH RESPONDENT
RULING
1. The court has perused the application dated 5/12/2018 by the exparte applicant. The same was not opposed by the Respondents.
2. The proceedings from the lower court shows that the Applicant was not a party though a registered owner of the motor vehicle in question Section 389 A (1) of the Criminal Procedure Code anticipates that the notice of forfeiture ought to be served upon the owner of the property. This shall enable him to show cause why the same should not be forfeited.
3. In light of the above omission the application is hereby allowed with no order as to costs.
Delivered, signed and dated at Kitale this 20th Day of December, 2018.
__________________
H.K. CHEMITEI
JUDGE
20/12/18
In the presence of:
Arunga for the Applicant
Kakoi for the Respondent
Court Assistant – Kirong
Ruling read in open court.
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