[2025] KEHC 2733 (KLR)
The court determined that while the applicant is entitled to payment of the decretal sum, the respondent's budgetary constraints and competing financial obligations necessitate a negotiated payment plan. The court directed both parties to meet within 21 days to agree on a detailed payment proposal, failing which...
Source-derived case information.
- Citation
- [2025] KEHC 2733 (KLR)
- Parties
- Applicant: Leopard Rock Mico Limited; Respondent: Chief Finance Officer County Government of Meru; Respondent: County Secretary County Government of Meru; Respondent: County Executive Member for Finance County Government of Meru
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Judicial Review E003 of 2021
- Procedural Posture
- Judicial Review / Directions
- Outcome
- Directions issued for parties to negotiate and submit a payment plan or proposals.
- Judges
- HM Nyaga
- Legal Topics
- Judgment Enforcement, Debt Liquidation, Public Finance Obligations
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Leopard Rock Mico Limited
Applicant
Chief Finance Officer County Government of Meru
Respondent
County Secretary County Government of Meru
Respondent
County Executive Member for Finance County Government of Meru
Respondent
Procedural Posture
Judicial Review / Directions
Legal Issues
- 1 What is the appropriate mode for the respondent to liquidate the decretal sum owed to the applicant.
- 2 How should the parties resolve the deadlock regarding payment in light of the respondent's budgetary constraints.
Ratio Decidendi
The court determined that while the applicant is entitled to payment of the decretal sum, the respondent's budgetary constraints and competing financial obligations necessitate a negotiated payment plan. The court directed both parties to meet within 21 days to agree on a detailed payment proposal, failing which each party may submit its own proposal for the court's consideration. This approach balances the applicant's right to enforcement with the respondent's practical limitations, aiming to avoid further litigation on the same issue.
Court Disposition
Directions issued for parties to negotiate and submit a payment plan or proposals.
Orders
- Parties to meet within 21 days to negotiate a detailed payment plan.
- If agreement is reached, parties to file a written proposal with the court.
Full Case Text
Judgment text and source record
27 paragraphs
Leopard Rock Mico Limited v Chief Finance Officer County Government of Meru & 2 others (Judicial Review E003 of 2021) [2025] KEHC 2733 (KLR) (4 March 2025) (Directions)
Neutral citation: [2025] KEHC 2733 (KLR)
Republic of Kenya
In the High Court at Meru
Judicial Review E003 of 2021
HM Nyaga, J
March 4, 2025
Between
Leopard Rock Mico Limited
Applicant
and
The Chief Finance Officer County Government of Meru
1st Respondent
County Secretary County Government of Meru
2nd Respondent
County Executive Member for Finance County Governement of Meru
3rd Respondent
Directions
1. This matter has a chequered history.
2. It is not in dispute that the Respondent is indebted to the Exparte Applicant. The issue at hand is the manner in which payment is to be made.
3. It is appreciated that the Ex-parte Applicant is entitled to payment of what is lawfully due to it. On the flip side, the Respondent, while under a duty to make good its obligation, has budgetary issues to grapple with, with many competing interests eyeing the same purse it holds.
4. Given the circumstance, I think that it was a sign of good faith for the Ex-parte Applicant to have tried to engage the office of the controller of Budget to break the deadlock.
5. To me, the issue that is outstanding is the mode in which the Respondent will liquidate the decretal sum.
6. I would take the position suggested by counsel for both sides to have a meeting and work out a detailed payment plan that works for both sides.
7. To that effect, the parties are directed to have the said meeting in the next 21 days and if in agreement, come back to court with a written proposal. The Respondent should engage all the concerned offices so that we don’t have to go back to this issue again.
8. If there is no agreement, then the parties can present their respective proposals for the court’s consideration.
SIGNED, DATED AND DELIVERED AT MERU THIS 4TH DAY OF MARCH, 2025. H. M. NYAGAJUDGE