JUDGMENT
Premji Patel Company Limited, the appellant, is dissatisfied with a ruling of the High Court at Malindi (Chitembwe, J.) dated 28th July 2017 and delivered on 17th October 2017 rejecting its judicial review application in which it had sought an order of certiorari to quash a decision of Kenya National Highways Authority (KENHA), the 2nd respondent, to detain its vehicle; and an order of mandamus to compel KENHA to release the said vehicle without imposing what it contended was an illegal penalty.
There is controversy as to the events that led up to the proceedings before the lower court. According to the appellant, on 18th March 2015 at about 9.00 p.m., its vehicle KBN 343N Isuzu Truck, loaded with river sand, broke down along Malindi-Mombasa Road and was parked by the roadside awaiting repairs. Early the following morning, at about 1.10 a.m., the appellant’s director Hitesh Patel, received information that persons who had alighted from a vehicle, described as Probox KBP 413F, w…