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Original judgment

High Court 12042 of 2026

REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT VOI CRIMINAL APPEAL NO. E036 OF 2026 ATHUMAN ABUBAKAR IBRAHIM.....................................................APPLICANT =VERSUS= REPUBLIC……………………........................................................... RESPONDENT 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. RULING MISC. CRIMINAL E006 OF 2026

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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. (c)The Applicant to avail motor vehicle if and when requested by the trial Court. Orders accordingly. Dated, signed and delivered virtually this 16 th day of July, 2026 in open court at Voi High Court. ABIGAIL MSHILA JUDGE In the presence of:Court Assistant: Trizah/Millicent State Counsel: Ms. Kanyuira Duncan – present in Court RULING MISC. CRIMINAL E006 OF 2026

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