[2025] KEHC 5747 (KLR)
The court found the application incompetent due to the applicants' failure to serve the certificate of order against the Government and the judgment on the respondent as required by Section 21 of the Government Proceedings Act. There was no affidavit of service filed. The Attorney General was improperly joined as an...
Source-derived case information.
- Citation
- [2025] KEHC 5747 (KLR)
- Parties
- Applicant: Accra Pharmacy Limited; Applicant: Esther Wairimu Ng'ang'a t/a Joster Medical Laboratory; Respondent: Nairobi City County Government; Interested Party: Attorney General
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Judicial Review Miscellaneous Application E053 of 2025
- Procedural Posture
- Judicial Review Miscellaneous Application / Ruling on Chamber Summons for Enforcement of Certificate of Order Against Government
- Outcome
- application struck out as incompetent
- Judges
- RE Aburili
- Legal Topics
- Enforcement of Judgments, Certificate of Order Against Government, Government Proceedings Act, Affidavit of Service
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Accra Pharmacy Limited
Applicant
Esther Wairimu Ng'ang'a t/a Joster Medical Laboratory
Applicant
Nairobi City County Government
Respondent
Attorney General
Interested Party
Procedural Posture
Judicial Review Miscellaneous Application / Ruling on Chamber Summons for Enforcement of Certificate of Order Against Government
Legal Issues
- 1 Whether the application for enforcement of a certificate of order against the Government is competent in the absence of proof of service as required by law.
- 2 Whether the Attorney General was properly joined as an interested party in proceedings where it was not a party in the original suit.
- 3 Whether the documentation supporting the application was sufficient and authentic.
Ratio Decidendi
The court found the application incompetent due to the applicants' failure to serve the certificate of order against the Government and the judgment on the respondent as required by Section 21 of the Government Proceedings Act. There was no affidavit of service filed. The Attorney General was improperly joined as an interested party, having not been a party to the original suit. The documentation provided was incomplete, lacking a decree and details of the judgment's author and division of the High Court. The court concluded that the application was suspicious and not authentic, and therefore struck it out with no orders as to costs. The applicants were granted liberty to file a fresh...
Court Disposition
application struck out as incompetent
Orders
- The chamber summons dated 6/5/2025 is struck out for being incompetent.
- No orders as to costs.
Full Case Text
Judgment text and source record
29 paragraphs
Accra Pharmacy Limited & another v Nairobi City County Government; Attorney General (Interested Party) (Judicial Review Miscellaneous Application E053 of 2025) [2025] KEHC 5747 (KLR) (Judicial Review) (9 May 2025) (Ruling)
Neutral citation: [2025] KEHC 5747 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Judicial Review
Judicial Review Miscellaneous Application E053 of 2025
RE Aburili, J
May 9, 2025
Between
Accra Pharmacy Limited
1st Applicant
Esther Wairimu Ng'ang'a t/a Joster Medical Laboratory
2nd Applicant
and
Nairobi City County Government
Respondent
and
The Hon Attorney General
Interested Party
Ruling
1. The chamber summons dated 6th May 2025 is not certified urgent for reasons that the certificate of order against the Government was issued on 14/11/2017 in Milimani HCC Misc 15/2016 and costs certified on 14/6/2017, nearly eight years ago.
2. Additionally, there is no evidence that the applicant has served the certificate of order Against the Government or the decision giving rise to the said certificate of order against the Government, upon the Respondent as mandated by Section 21 of the Government Proceedings Act. There is no affidavit of service filed.
3. Secondly, there is no ground upon which the Attorney General who is the Principal Legal Advisor to the National Government is enjoined to these proceedings as an Interested Party yet that office was never a party to Misc 15/2016 whose citation is scanty.
4. Third, is that the certificate of order Against the Government only mentions judgment of the court dated 23/9/2016. There is no decree issued by the court on that judgment whose author is also not mentioned.
5. Again, the heading/citation in the certificate of Order Against the Government only says the High Court of Kenya at Nairobi, Misc Application No. 15/2016. There is no indication as to which division of the High Court was handling the matter, which Judge heard the matter and indeed rendered the judgment.
6. I find the application herein suspicious and not authentic. I reject the chamber summons dated 6/5/2025 and strike it out for being incompetent with no orders as to costs.
7. The applicant is at liberty to file a fresh application but only after getting the documentation from the parent file to be in order as stated in this Ruling.
8. This file is closed. Registry to notify the applicant.
DATED, SIGNED AND DELIVERED AT NAIROBI THIS 9THDAY OF MAY, 2025R.E. ABURILIJUDGE