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MagistrateDismissedMiscellaneous application dated 05/11/2025

Kenya Flexogravure Ltd v Shah (Miscellaneous Civil Application E485 of 2025) [2025] KEMC 333 (KLR)

Magistrates' Court
11 December 2025
696 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~3 min to read original · ~4 min brief

The bottom line

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A Nakuru court ruled that only the NTSA, not magistrates' courts, can order a forced transfer of a vehicle whose owner cannot be traced.

What this practically means

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Executive summary

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The ex-parte applicant, through a miscellaneous cause dated 05/11/2025 under Section 9 of the Traffic Act and Order 51 of the Civil Procedure Rules, sought a forced transfer of motor vehicle KCF 831F into its name. It averred that it purchased the vehicle by a Sale Agreement dated 27/01/2016 for Kshs. 1,200,000, took possession and has used it since, but the registered owner has become unreachable and cannot be traced at her known physical or postal address, making the online transfer process impossible. The application was served on the NTSA and not on the respondent. The Senior Principal Magistrate, Nakuru, considered Section 9 of the Traffic Act and the Court of Appeal's exposition in Muhambi Koja Said v Mbwana Abdi [2015] eKLR on the proviso to Section 9(2). The court held that although the proviso permits registration of a new owner where the registered owner is dead, has left Kenya, cannot be traced or refuses to comply, it does not confer jurisdiction on the court to order a forced transfer; that mandate rests directly with the Authority (NTSA), except where a court has arbitrated an ownership dispute and issued a declaratory order, or where the sale arises out of a court order such as an auction. No dispute was disclosed, and the application was improperly brought through a miscellaneous cause. The application was dismissed in its entirety, with no costs order recorded.

Questions the Court framed

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The issues the Court set itself to decide, in its own words.

  1. 1.Whether the court has jurisdiction to order a forced transfer of a motor vehicle under the proviso to Section 9(2) of the Traffic Act where the registered owner cannot be traced or refuses to comply
  2. 2.Whether an application for forced transfer may properly be brought through a miscellaneous cause where no dispute has been disclosed

Key legal issues

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01

Whether the court may order a forced transfer of a motor vehicle under Section 9 of the Traffic Act

Holding

The court lacks jurisdiction; the mandate rests with the NTSA unless the court has first arbitrated an ownership dispute or the sale arises from a court order such as an auction

Reasoning

The court read the proviso to Section 9(2) as empowering the Registrar/Authority, not the court, to register a new owner where the registered owner is dead, has left Kenya, cannot be traced, or refuses to comply. Courts arbitrate disputes, and none was disclosed; the application also came through a miscellaneous cause, which is procedurally incompetent for such relief.

p. 2

Legal principles established

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  • The proviso to Section 9(2) of the Traffic Act places the mandate to effect a forced transfer with the NTSA, not the courts; courts only arbitrate ownership disputes and may issue declaratory orders

Court orders

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  1. 1.The ex-parte application dated 05/11/2025 seeking forced transfer of motor vehicle KCF 831F is dismissed in its entirety

The bench

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One judgment of the whole court — no separate or dissenting opinions.

majority

Wrote the judgment

Jurisdiction invoked
Section 9 of the Traffic Act; Order 51 of the Civil Procedure Rules; Sections 1A, 1B and 3C of the Civil Procedure Act

Relief refused

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Forced transfer of motor vehicle KCF 831F from the respondent to the applicant

The proviso to Section 9(2) of the Traffic Act vests the mandate for forced transfer in the Authority (NTSA), not the court; no dispute was disclosed and a miscellaneous cause is the wrong vehicle

p. 2

Costs

No costs order made

Quotable passages

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Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.

it does not mandate this court with the jurisdiction to issue such an order of a forced transfer. Courts of law do arbitrate on disputes and no disputes has been disclosed herein
p. 2Jurisdiction over forced transfer
I thus find that this application is improperly or incompetently before me and do hereby dismiss it in its entirety.
p. 2Disposition

Issues in the judgment

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minor

The respondent was never served; service was effected only on the NTSA

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, "Kenya Flexogravure Ltd v Shah (Miscellaneous Civil Application E485 of 2025) [2025] KEMC 333 (KLR)", Case Analysis (2025). Miscellaneous application dated 05/11/2025. Source: https://new.kenyalaw.org/akn/ke/judgment/kemc/2025/333/eng@2025-12-11

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