[2025] KEHC 6544 (KLR)
The court found that the applicants had satisfied the requirements under Section 21 of the Government Proceedings Act by demonstrating the existence of a judgment, decree, and certificate of order against the Government, all of which had been served on the Attorney General's office. Since execution cannot issue...
Source-derived case information.
- Citation
- [2025] KEHC 6544 (KLR)
- Parties
- Applicant: Kutura Molu Lokose; Applicant: Galgalo Lokose Tache; Respondent: State Law Office
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Judicial Review Miscellaneous Application E129 of 2025
- Procedural Posture
- Judicial Review Miscellaneous Application / Ruling on Leave to Apply for Judicial Review
- Outcome
- Leave granted to apply for judicial review orders of mandamus.
- Judges
- RE Aburili
- Legal Topics
- Mandamus Against Government, Settlement of Decree, Government Proceedings Act, Public Duty of Accounting Officer
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kutura Molu Lokose
Applicant
Galgalo Lokose Tache
Applicant
State Law Office
Respondent
Procedural Posture
Judicial Review Miscellaneous Application / Ruling on Leave to Apply for Judicial Review
Legal Issues
- 1 Whether the applicants have met the threshold for grant of leave to apply for judicial review orders of mandamus against the Chief Registrar of the Judiciary.
- 2 Whether mandamus is the appropriate remedy to compel settlement of a decree and certificate of order against the Government.
- 3 Whether the application satisfies the requirements of Section 21 of the Government Proceedings Act.
Ratio Decidendi
The court found that the applicants had satisfied the requirements under Section 21 of the Government Proceedings Act by demonstrating the existence of a judgment, decree, and certificate of order against the Government, all of which had been served on the Attorney General's office. Since execution cannot issue against the Government, the only available remedy is an order of mandamus to compel the accounting officer of the Judiciary to settle the decree. The court was satisfied that the application met the legal threshold for leave to apply for judicial review orders of mandamus and accordingly granted leave. The substantive motion is to be filed and served within 21 days in a separate...
Court Disposition
Leave granted to apply for judicial review orders of mandamus.
Orders
- Leave is granted to the applicants to apply for judicial review orders of mandamus.
- The substantive motion must be filed and served in a separate file within 21 days.
Full Case Text
Judgment text and source record
26 paragraphs
Lokose & another v State Law Office (Judicial Review Miscellaneous Application E129 of 2025) [2025] KEHC 6544 (KLR) (Judicial Review) (22 May 2025) (Ruling)
Neutral citation: [2025] KEHC 6544 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Judicial Review
Judicial Review Miscellaneous Application E129 of 2025
RE Aburili, J
May 22, 2025
Between
Kutura Molu Lokose
1st Applicant
Galgalo Lokose Tache
2nd Applicant
and
State Law Office
Respondent
Ruling
1. I have perused the application dated 20/5/2025 by way of chambers summons. The applicant seeks leave of court to apply for Judicial Review orders of mandamus to compel the Chief Registrar of the Judiciary to settle decree and certificate of order against the Government dated 10/10/2022 and judgment rendered on 28/3/2029.
2. I have perused the application and the accompanying documents. I am satisfied that the application meets the threshold of Section 21 of the Government Proceedings Act.
3. There is judgment, decree, certificate of order against the Government and a demand for settlement all served upon the Attorney Generals’ office on 13/6/2023.
4. As no execution can issue against the Government, as stipulated in Section 25 of the Government Proceedings Act and Order 29 of the Civil Proceedings Rules, the only remedy available to the applicant decree holder in Milimani CMCC 1694/2015 is that of mandamus to compel the accounting officer of the Judiciary to perform the public duty under Section 21 of the Government Proceedings Act and the Public Finance Management Act to settle decree of the court.
5. Accordingly, as the decree issued vide judgment of 28/3/2019 is alive, I hereby grant leave to the applicant to apply for Judicial Review orders of mandamus.
6. The substantive motion to be filed and served in a separate file within 21 days of today in a separate court file, this being a Miscellaneous matter, and full court fees be paid.
7. I make no orders as to costs of this application for leave.
8. This file is closed.
DATED, SIGNED AND DELIVERED AT NAIROBI THIS 22NDDAY OF MAY, 2025R.E. ABURILIJUDGE