The Weekly Vision Team
Judge I.M. Muteti of the Nairobi High Court (Criminal Division) has declined to grant an application to release a motor vehicle in the murder case of Sharon Otieno, criminal case No. 46 of 2018. Mr Okoth Obado, Michael Oyamo, and Casper Obiero are accused of the crime.
Adhiambo Oloo Olivia filed an urgent application on August 29, 2024, requesting the release of the motor vehicle with Registration Number KCL 481 K and Chassis Number NZE 141-9136475, registered under Olivia’s name.
The judge noted that the vehicle has been held as an exhibit in the murder case since September 2018 and has been presented in court as such. Olivia did not provide a reason for not requesting its release earlier, immediately after its presentation in court. Since the vehicle was seized on September 19, 2018, it has remained in court custody as an exhibit. The judge stated, “I cannot make orders that could affect a matter still pending before a judge of concurrent jurisdiction.”
The judge also observed, “While I acknowledge that continued detention of the vehicle may infringe on property rights, this limitation is for a legitimate purpose under Article 24 of the Constitution of Kenya.”
In closing, the judge ruled that the matter was not of an urgent nature and thus not suitable for a vacation hearing. The Notice of Motion dated August 29, 2024, will be referred to the Honorable Lady Justice Githua, who is handling the ongoing murder trial, at the start of the new term.
