Andrew Okoth Onanda v Officer Commanding Central Police Station, Nairobi & Attorney General
The bottom line
#If your vehicle is evidence in a criminal case, the court will likely wait until that case is finished before deciding if the police detained it illegally.
What this practically means
#Executive summary
#Key legal issues
#Whether res judicata bars a constitutional petition filed before determination of a related petition
Res judicata does not apply because both petitions were filed days apart and neither was filed after the other's determination; consolidation, not res judicata, would have been appropriate
The court accepted that res judicata applies to constitutional litigation per John Florence Maritime Services, but found the two petitions were filed almost simultaneously. Had the present petition been filed after Petition 402 of 2017 was determined, it would have been res judicata. Since neither preceded the other's determination, the doctrine could not properly apply.
Whether Articles 27 and 28 rights were violated by the arrest and detention
Not open for determination; already conclusively addressed in Petition No. 402 of 2017
The court held there was no novel issue regarding Articles 27 and 28 because the earlier petition sufficiently addressed and conclusively determined violations arising from the same arrest, detention and sequence of events on the same day. Any similar issue in the present petition was moot and should not consume judicial time.
Whether detention of the motor vehicle violated the right to property under Article 40
Undeterminable at this stage; the vehicle is an exhibit in a pending criminal case and the court deferred the question
The respondents asserted the vehicle is an exhibit in Criminal Case No. 1349 of 2017 and there was no evidence to the contrary. The court reasoned that only upon conclusion of the criminal case would it be clear whether there was reasonable cause to detain the vehicle, and the petitioner would be at liberty to seek redress thereafter.
Legal principles established
#- Res judicata applies to constitutional petitions but must be sparingly invoked and only in the clearest of cases
- Res judicata cannot apply where two petitions were filed almost simultaneously, before determination of either; consolidation would have been the proper course
- Where a vehicle is an exhibit in a live criminal case, the High Court should defer determining the lawfulness of its detention until that case is concluded
Court orders
#- 1.The amended petition is declined and dismissed
- 2.Each party to bear own costs
- Jurisdiction invoked
- Articles 27, 28, 40 and 47 of the Constitution of Kenya, 2010 (Bill of Rights enforcement petition)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Andrew Okoth Onanda v Officer Commanding Central Police Station, Nairobi & Attorney General", Case Analysis (2019). Petition (amended 21st November 2017) - High Court, Nairobi. Source:
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.