Duncan Munuambu Kithembe v Republic

Kithembe v Republic (Miscellaneous Criminal Application E006 of 2026) [2026] KEHC 10826 (KLR) (16 July 2026) (Ruling) Neutral citation: [2026] KEHC 10826 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT VOI MISCELLANEOUS CRIMINAL APPLICATION E006 OF 2026 A MSHILA, J JULY 16, 2026 IN THE MATTER OF AN APPLICATION TO REVISE THE RULING DELIVERED BY HONOURABLE MAGISTRATE C. K. KITHINJI ON CRIMINAL CASE NO. E473 OF 2025 BETWEEN DUNCAN MUNUAMBU KITHEMBE .................................................. APPLICANT AND REPUBLIC ............................................................................................ RESPONDENT (Application to revise the Ruling Delivered By Honourable Magistrate C. K. Kithinji On Criminal Case No. E473 Of 2025) RULING 1. The Applicant seeks the release of motor vehicle registration number KDT 629H which was impounded as evidence in Taveta Criminal Case No. E473 of 2025. 2. The motor vehicle is said to have been in use for transportation of illegal migrants. 3. The Respondent is not opposed to the release of the said motor vehicle conditional to it being photographed – being made readily available if called upon and upon a caveat being placed that it not be transferred until the conclusion of the case in the lower court. 4. The Applicant states that he has understood the conditions and is ready to abide with them. 5. In the circumstances the application for the release of motor vehicle registration KDT 629H is hereby allowed conditional to the following terms; a. It shall be photographed by the investigating officer. b. The motor vehicle shall not be transferred pending hearing and determination of Taveta Criminal Case No. E473 of 2026. https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/10826/eng@2026-07-16 1

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