Mutula (Trading as Mama KJ) v Nairobi City County Government (Being the Natural & Presumptive Legal Successor of the Defunct City Council of Nairobi (Judicial Review Miscellaneous Application 4 of 2019) [2025] KEHC 18353 (KLR) (15 December 2025) (Ruling)
The court found that the issues in this matter are similar to those in JR 282/2014 and ordered that the summons issued in JR 282/2014 apply to this matter, requiring the Controller of Budget to appear and explain the lack of approval for payment.
Source-derived case information.
- Citation
- [2025] KEHC 18353 (KLR)
- Parties
- Applicant: Felicity Mutete Mutula (trading as Mama KJ); Respondent: Nairobi City County Government (being the natural & presumptive legal successor of the defunct City Council of Nairobi)
- Court
- High Court
- Jurisdiction
- Kenya
- Case Number
- Judicial Review Miscellaneous Application 4 of 2019
- Procedural Posture
- Judicial Review / Ruling
- Outcome
- Summons in JR 282/2014 to apply; Controller of Budget to appear and explain lack of approval for payment.
- Legal Topics
- Judicial Review, Execution of Decrees
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Felicity Mutete Mutula (trading as Mama KJ)
Applicant
Nairobi City County Government (being the natural & presumptive legal successor of the defunct City Council of Nairobi)
Respondent
Procedural Posture
Judicial Review / Ruling
Legal Issues
- 1 Whether summons issued in JR 282/2014 should apply to this matter
- 2 Whether the Controller of Budget should explain the lack of approval for payment to settle the decree
Ratio Decidendi
The court found that the issues in this matter are similar to those in JR 282/2014 and ordered that the summons issued in JR 282/2014 apply to this matter, requiring the Controller of Budget to appear and explain the lack of approval for payment.
Court Disposition
Summons in JR 282/2014 to apply; Controller of Budget to appear and explain lack of approval for payment.
Orders
- Summons issued in JR 282/2014 shall apply to this matter.
- Controller of Budget to appear before court on 17/12/2025 to explain why no approval to the request made by the City County of Nairobi on 20/11/2025 has not been given.
Full Case Text
Judgment text and source record
1 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI MILIMANI LAW COURTS JUDICIAL REVIEW MISC. APPLICATION NO. 4 OF 2019 FELICITY MUTETE MUTULA (TRADING AS MAMA KJ)……………………...APPLICANT VERSUS NAIROBI CITY COUNTY GOVERNMENT (BEING THE NATURAL & PRESUMPTIVE LEGAL SUCCESSOR OF THE DEFUNCT CITY COUNCIL OF NAIROBI………………………………...RESPONDENT RULING 1. As the issues in this matter are similar to those raised in JR 282/2014, I hereby order that summons issued in JR 282/2014 shall apply to this matter as well, directing the Controller of Budget to appear before this court on 17/12/2025 to explain why no approval to the request made by the City County of Nairobi on 20/11/2025 has not been given to enable the judgment debtor settle this decree. 2. I so order. Dated, Signed and Delivered at Nairobi this 15th Day of December, 2025 R.E. ABURILI JUDGE 1 | JR MISC NO. 4 OF 2019 RULING