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High CourtDismissed

Bonface Materi Njeri v Director of Public Prosecutions & Kenya Power Lighting Company Limited

High Court of Kenya
29 July 2026
DKD. KAVEDZA
1,050 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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If your vehicle is evidence in a criminal case, the High Court will not release it; the trial court must handle the request.

What this practically means

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Executive summary

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The applicant, Bonface Materi Njeri, faces a charge of damaging energy installations and infrastructure contrary to section 169(1)(d) of the Energy Act, No. 1 of 2019, arising from an incident of 13th May 2026 in Kilimani, Nairobi, in which his employee, driving motor vehicle KCU 746S, allegedly pulled down overhead electrical conductors, damaging a three-phase line and two poles belonging to Kenya Power, with damage assessed at Kshs.2,042,932. By Notice of Motion dated 6th June 2026, the applicant sought release of the impounded vehicle from Kilimani Police Station, contending the vehicle became entangled in low-hanging cables suspended below required clearance due to a leaning pole, that preliminary investigations absolved the driver, and that continued detention caused substantial economic loss. The respondents, through investigating officer CPL Francis Aluda, opposed, deponing that joint investigations established the vehicle struck and pulled down the conductors causing extensive damage and outages; the driver admitted not noticing sagging conductors, was released on bond but failed to attend court, prompting warrants of arrest. The vehicle was said to be a primary exhibit necessary for the chain of custody and trial. D. Kavedza J framed a sole issue: whether sufficient grounds existed for the vehicle's release pending the criminal proceedings. The Court held it was not determining guilt, only whether detention was arbitrary or unlawful, found a clear evidential nexus between the vehicle and the offence, held the trial court best placed to determine exhibit custody, found no exceptional circumstances, and dismissed the application as premature and devoid of merit.

Key legal issues

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01

Whether continued detention of the vehicle as an exhibit is arbitrary or unlawful

Holding

Detention is lawful; a clear evidential nexus exists between the vehicle and the offence charged

Reasoning

The Court held it was not determining guilt or the strength of the prosecution's evidence, only whether detention was arbitrary or unlawful. The investigating officer established that the vehicle pulled down conductors causing extensive damage, was impounded and preserved as an exhibit, and no material showed it ceased to have evidential value. Release before formal production would undermine the integrity of exhibits and criminal justice administration.

p. 2
02

Whether the High Court should entertain the application while criminal proceedings are pending before the trial court

Holding

The application is premature; the trial court is best placed to determine exhibit custody

Reasoning

The Court reasoned that criminal proceedings arising from the same facts are pending before the trial court, which is seized of the matter. Entertaining the application would usurp the trial court's case management powers and interfere with proceedings yet to run their course. No exceptional circumstances, bad faith, abuse of power or unlawfulness was demonstrated.

p. 3

Legal principles established

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  • Where a vehicle is a primary exhibit in pending criminal proceedings, the trial court seized of the case is the proper forum for applications concerning its custody, production or release
  • Alleged economic loss from detention of an exhibit cannot override the public interest in preserving exhibits required for prosecution

Court orders

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  1. 1.The application for release of motor vehicle registration number KCU 746S is dismissed
  2. 2.The appropriate forum for any request for release of the motor vehicle is the trial court seized of the criminal case
Jurisdiction invoked
Inherent/supervisory jurisdiction of the High Court over criminal proceedings pending before the subordinate court (trial court at Kilimani)

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Bonface Materi Njeri v Director of Public Prosecutions & Kenya Power Lighting Company Limited", Case Analysis (2026). . Source:

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.