[2024] KEHC 11291 (KLR)
The court found that the applicant, as decree holder in Kisumu HCC No.18 of 2019, had complied with all procedural requirements for seeking mandamus against the government respondents. The respondents had been served with the decree and certificate of order against the government but failed to settle the judgment...
Source-derived case information.
- Citation
- [2024] KEHC 11291 (KLR)
- Parties
- Applicant: Meptax Consultuim Ltd; Respondent: County Goventment Of Kisumu; Respondent: Board of Kisumu City; Respondent: County Executive Committee Member Finance; Respondent: County Government Of Kisumu
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Judicial Review Miscellaneous Application E013 of 2024
- Procedural Posture
- Judicial Review Miscellaneous Application / Ruling on Application for Leave to Commence Judicial Review Proceedings
- Outcome
- Leave granted to commence judicial review proceedings for mandamus; directions issued for filing substantive motion; costs in the cause.
- Judges
- RE Aburili
- Legal Topics
- Mandamus Against Government, Government Proceedings Act, Settlement of Decree, Enforcement of Judgments
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Meptax Consultuim Ltd
Applicant
County Goventment Of Kisumu
Respondent
Board of Kisumu City
Respondent
County Executive Committee Member Finance
Respondent
County Government Of Kisumu
Respondent
Procedural Posture
Judicial Review Miscellaneous Application / Ruling on Application for Leave to Commence Judicial Review Proceedings
Legal Issues
- 1 Whether the applicant is entitled to leave to commence judicial review proceedings for orders of mandamus against the respondents to compel settlement of a decree.
- 2 Whether the applicant has complied with the procedural requirements for seeking mandamus against government entities.
- 3 Whether mandamus is the appropriate remedy for enforcing a judgment debt against government entities.
Ratio Decidendi
The court found that the applicant, as decree holder in Kisumu HCC No.18 of 2019, had complied with all procedural requirements for seeking mandamus against the government respondents. The respondents had been served with the decree and certificate of order against the government but failed to settle the judgment debt, despite offering to negotiate. The Government Proceedings Act prohibits execution against government property, making mandamus the only available remedy to compel payment. The court was satisfied that the application was not frivolous and that the applicant was entitled to leave to commence judicial review proceedings for orders of mandamus to enforce the decree. Leave was...
Court Disposition
Leave granted to commence judicial review proceedings for mandamus; directions issued for filing substantive motion; costs in the cause.
Orders
- Leave is granted to the applicant to institute judicial review proceedings against the respondents to compel settlement of the decree in Kisumu HCC No.18 of 2019.
- The substantive motion shall be filed and served within 21 days from the date of the ruling in a separate file.
Full Case Text
Judgment text and source record
32 paragraphs
Meptax Consultuim Ltd v County Goventment of Kisumu & 3 others (Judicial Review Miscellaneous Application E013 of 2024) [2024] KEHC 11291 (KLR) (23 September 2024) (Ruling)
Neutral citation: [2024] KEHC 11291 (KLR)
Republic of Kenya
In the High Court at Kisumu
Judicial Review Miscellaneous Application E013 of 2024
RE Aburili, J
September 23, 2024
IN THE MATTER OF THE CONSTITUTION OF KENYA AND IN THE MATTER OF JUDICIAL REVIEW FOR ORDERS FOR MANDAMUS
Between
Meptax Consultuim Ltd
Exparte Applicant
and
County Goventment Of Kisumu
1st Respondent
Board of Kisumu City
2nd Respondent
County Executive Committee Member Finance
3rd Respondent
County Government Of Kisumu
4th Respondent
Ruling
1. The application dated 7th June 2024 is not opposed. The Applicant Meptax Consultium Ltd is the decree holder in Kisumu HCC No.18 of 2019 vide Judgment rendered on 8th October 2019. Costs were also assessed.
2. Decree and certificate of order against the Government were served upon the Respondents who have not settled the decree despite offering to enter into negotiations with the Applicant on 14th June 2024.
3. Mandamus is the only means by which the Government can be compelled to settle decree, where there is default. This is so because execution against the Government is governed by the Government Proceedings Act, Cap 40 Laws of Kenya. No attachment and sale of Government Assets is allowed by law.
4. I have perused the record and I am satisfied that the applicant has complied with the required procedure for demanding for settlement of decree against the Government and that this application is not frivolous.
5. I grant leave to the Applicant to institute Judicial Review proceedings against the Respondents Judgment debtors in Kisumu HCC No. 18 of 2019 to compel the Respondents to settle decree in the said suit.
6. The substantive motion shall be filed and served within 21 days of today and in a separate file.
7. The application for leave and the order granting leave shall accompany the application for the substantive order.
8. Costs shall be in the substantive motion.
9. This file is closed.
10. HCC No.18 of 2019 to be returned. I so order.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 23RD DAY OF SEPTEMBER, 2024R. E. ABURILIJUDGE