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Njoro OCS sued for failing to recover vehicle in hands of auctioneers

By Julius Chepkwony | January 27th 2019

A Nakuru businessman has sued the Njoro OCS for allegedly failing to recover his Sh800, 000 motor vehicle which is in the hands of an auctioneer.

Francis Kemei wants the court to issue summons against Njoro OCS to appear before court and show cause why he should not be committed to six months civil jail, or pay a fine for failing to recover the vehicle, a Toyota Rav4 as ordered by the court.

Kemei claims the officer has failed to obey the orders issued by a Kericho Court in November 2018.

The orders seen by The Standard had directed the officers commanding the station at Njoro Police Station to confiscate and keep the vehicle, pending hearing and determination of the case filed by Kemei.

“That an order be and is hereby issued to the Officer Commanding Station Njoro Police Station to confiscate and keep the motor vehicle until this matter is heard,” read part of the order.

The court also issued orders barring Hegeons Auctioneers from selling the car.

The OCS Njoro, he claims should be cited for contempt and ordered to pay a fine not exceeding Sh200,000 in accordance to section 30 (5) of Contempt of Court Act.

“The officer Commanding station Njoro has refused or is reluctant to effect the terms of the order despite the same being served on him," read part of the suit.

Kemei had moved to court to prevent auctioneers from selling the car which was confiscated from him while on his way home from Njoro in October 16, 2018.

He claimed that the auctioneers backed by officers confiscated his motor vehicle. “I saw the officer who took my car key hand it over to one of the occupants of a saloon car parked near mine, and they made away with the vehicle,” he said.

He said the vehicle was driven towards Nakuru. He tried seeking intervention of the police officers to no avail.

Desperate, he went to report the matter at Njoro Police station and was booked under OB Number 37/16/10/2018.

The car is registered in the name of Juliet Mkiwa which he says he bought in2017 and is in the process of transferring it to his name.

The businessman had been in a long-standing dispute with a Kericho based lawyer-Kipsang and company advocates after they offered him legal services.

In the suit, he claims the officers in Njoro had earlier declined to receive the orders forcing him seek the services of a court process server.

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