[2025] KEHC 6184 (KLR)

[2025] KEHC 6184 (KLR)

The court found that the applicant had established a clear legal right to payment of the decretal sum, costs, and interest, as evidenced by the decree, certificate of costs, and certificate of order against the government. The applicant had complied with all statutory and procedural requirements for the grant of...

Source-derived case information.

Citation
[2025] KEHC 6184 (KLR)
Parties
Applicant: Meptax Consultium Limited; Respondent: County Government of Kisumu; Respondent: Board of Kisumu City; Respondent: Chief Finance Officer County Government of Kisumu; Respondent: County Executive Committee Member Finance
Court
High Court
Court Station
High Court at Kisumu
Jurisdiction
Kenya
Case Number
Judicial Review E025 of 2024
Procedural Posture
Judicial Review / Ruling on Substantive Motion for Mandamus
Outcome
application allowed
Judges
A Mabeya
Legal Topics
Judicial Review, Mandamus, Public Debt Enforcement, Government Liability
Source Language
en
Administrative Law Civil Procedure Judicial Review Mandamus Public Debt Enforcement Government Liability

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Summary, issues, holding and outcome

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Parties

Meptax Consultium Limited

Applicant

County Government of Kisumu

Respondent

Board of Kisumu City

Respondent

Chief Finance Officer County Government of Kisumu

Respondent

County Executive Committee Member Finance

Respondent

Procedural Posture

Judicial Review / Ruling on Substantive Motion for Mandamus

Legal Issues

  1. 1 Whether the applicant is entitled to an order of mandamus to compel the respondents to settle the decretal sum and costs.
  2. 2 Whether the applicant has satisfied all procedural requirements for the grant of mandamus against the government.

Ratio Decidendi

The court found that the applicant had established a clear legal right to payment of the decretal sum, costs, and interest, as evidenced by the decree, certificate of costs, and certificate of order against the government. The applicant had complied with all statutory and procedural requirements for the grant of mandamus. The respondents, having been served, failed to contest the application or deny the applicant's averments. There was no legal bar to the grant of the relief sought. Accordingly, the court allowed the application and issued an order of mandamus compelling the respondents to settle the decretal sum, costs, and interest as prayed.

Court Disposition

application allowed

Orders

  • An order of mandamus is issued compelling the respondents to settle the decretal sum of Kshs.75,580,127.33, costs of Kshs.1,474,590, and interest at 14% per annum from 8/10/2019 until payment in full.