[2024] KEHC 12699 (KLR)
The court found that the applicant had demonstrated an arguable case for the grant of leave to apply for judicial review orders of mandamus, as the respondents had failed to pay taxed costs due to the applicant. The application met the threshold for leave, and no bar was shown to exist against the applicant...
Source-derived case information.
- Citation
- [2024] KEHC 12699 (KLR)
- Parties
- Applicant: Manyonge Wanyamba & Associates LLP; Respondent: The County Secretary County Government of Kisumu & 4 others
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Judicial Review E024 of 2024
- Procedural Posture
- Judicial Review / Ruling on Leave Application
- Outcome
- Leave to apply for judicial review orders of mandamus granted.
- Judges
- MS Shariff
- Legal Topics
- Judicial Review, Mandamus, Taxed Costs, Leave to Apply
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Manyonge Wanyamba & Associates LLP
Applicant
The County Secretary County Government of Kisumu & 4 others
Respondent
Procedural Posture
Judicial Review / Ruling on Leave Application
Legal Issues
- 1 Whether the applicant is entitled to leave to apply for judicial review orders of mandamus against the respondents for failure to pay taxed costs.
Ratio Decidendi
The court found that the applicant had demonstrated an arguable case for the grant of leave to apply for judicial review orders of mandamus, as the respondents had failed to pay taxed costs due to the applicant. The application met the threshold for leave, and no bar was shown to exist against the applicant proceeding to seek substantive relief. Accordingly, leave was granted to file the substantive application within 21 days.
Court Disposition
Leave to apply for judicial review orders of mandamus granted.
Orders
- The ex parte applicant is granted leave to file a substantive application for judicial review orders of mandamus against the respondents within 21 days from the date hereof.
- The costs of this application shall abide the outcome of the substantive application.
Full Case Text
Judgment text and source record
16 paragraphs
Manyonge Wanyamba & Associates LLP v County Secretary County Government of Kisumu & 4 others (Judicial Review E024 of 2024) [2024] KEHC 12699 (KLR) (17 October 2024) (Ruling)
Neutral citation: [2024] KEHC 12699 (KLR)
Republic of Kenya
In the High Court at Kisumu
Judicial Review E024 of 2024
MS Shariff, J
October 17, 2024
Between
Manyonge Wanyamba & Associates LLP
Applicant
and
The County Secretary County Government of Kisumu & 4 others & 4 others
Respondent
Ruling
1. Upon consideration of the chamber summons dated 22. 8.2024, the statutory statement and the verifying affidavit sworn by Peter Manyonge Wanyama on even date craving for leave to file for judicial review orders of mandamus against the Respondents whom it is stated have failed to pay a sum of Kshs.1,4449,887 being taxed costs to the Applicant, I do find that this application is well merited wherefore I allow the same and I make the following orders:-1. The exparte Applicant is hereby granted leave to file a substantive application for judicial review orders of mandamus against the Respondents within 21 days from the date hereof.2. The costs of this application shall abide the outcome of the substantive application.
DELIVERED, DATED AND SIGNED AT KISUMU THIS 17TH DAY OF OCTOBER, 2024. M. S. SHARIFFJUDGE