[2024] KEHC 9565 (KLR)

Source-derived case information.

Citation: [2024] KEHC 9565 (KLR)
Parties: Applicant: MFI Doucments Solutions Ltd; Respondent: County Government Of Taita Taveta; Respondent: County Executive Member For Finance, County Government Of Taita Taveta; Respondent: County Secretary, County Government Of Taita Taveta
Court: High Court
Court Station: High Court at Voi
Jurisdiction: Kenya
Case Number: Judicial Review Miscellaneous Application E001 of 2024
Procedural Posture: Judicial Review Miscellaneous Application / Ruling on Application for Orders of Mandamus
Outcome: application allowed; orders of mandamus granted
Judges: GMA Dulu
Legal Topics: Judicial Review, Mandamus Orders, Public Body Enforcement, Decretal Sum Enforcement
Source Language: en

Administrative Law Civil Procedure Judicial Review Mandamus Orders Public Body Enforcement Decretal Sum Enforcement

Source-derived case record

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Downloadable case file Legal principles 2 Authorities cited 7 Party arguments 2 Amounts and remedies 2

Parties

MFI Doucments Solutions Ltd

Applicant

County Government Of Taita Taveta

Respondent

County Executive Member For Finance, County Government Of Taita Taveta

Respondent

County Secretary, County Government Of Taita Taveta

Respondent

Procedural Posture

Judicial Review Miscellaneous Application / Ruling on Application for Orders of Mandamus

Legal Issues

1 Whether the applicant is entitled to orders of mandamus to compel the respondents to pay the decretal sum awarded in Voi CMCC No. E016 of 2021.
2 Whether the respondents have failed to satisfy the decree and certificate of order against the government as required by law.

Ratio Decidendi

The court found that the applicant had obtained a judgment and certificate of order against the government in Voi CMCC No. E016 of 2021, which the respondents had failed to satisfy despite service and notice. The respondents did not oppose the application or participate in the proceedings. The court held that the applicant had demonstrated a clear legal right to enforcement of the decree and that mandamus was the appropriate remedy to compel the respondents to perform their statutory duty to pay the decretal sum, interest, and costs. The court was satisfied that all procedural requirements had been met and that there was no justification for withholding the relief sought.

Court Disposition

application allowed; orders of mandamus granted

Orders

Orders of mandamus issued to direct and compel the respondents to pay the applicant the decretal sum with interest of Kshs. 2,228,811.46 awarded in Voi CMCC E016 of 2021.
Orders of mandamus issued to compel the respondents to pay the decretal sum of Kshs. 2,405,306.46 as per the certificate of order against the government issued on 8th December 2023.

Full Case Text

Judgment text and source record

26 paragraphs

MFI Doucments Solutions Ltd v County Government of Taita Taveta & 2 others (Judicial Review Miscellaneous Application E001 of 2024) [2024] KEHC 9565 (KLR) (11 July 2024) (Ruling)

Neutral citation: [2024] KEHC 9565 (KLR)

Republic of Kenya

In the High Court at Voi

Judicial Review Miscellaneous Application E001 of 2024

GMA Dulu, J

July 11, 2024

IN THE MATTER OF: AN APPLICATION FOR LEAVE TO INSTITUTE JUDICIAL REVIEW PROCEEDINGS FOR ORDERS OF MANDAMUS BY MFI DOCUMENT SOLUTIONS LIMITED -AND- IN THE MATTER OF: THE LAW REFORM ACT, SECTIONS 8 AND 9 (CAP.26) LAWS OF KENYA -AND- IN THE MATTER OF: ARTICLE 47 OF THE CONSTITUTION OF KENYA -AND- IN THE MATTER OF: THE PUBLIC FINANCE MANAGEMENT ACT, 2012 -AND- IN THE MATTER OF: SECTIONS 44 AND 45 OF THE COUNTY GOVERNMENTS ACT, 2012 -AND- IN THE MATTER OF: THE GOVERNMENT PROCEEDING ACT, CAP. 40 OF THE LAWS OF KENYA

Between

MFI Doucments Solutions Ltd

Applicant

and

County Government Of Taita Taveta

1st Respondent

County Executive Member For Finance, County Government Of Taita Taveta

2nd Respondent

County Secretary, County Government Of Taita Taveta

3rd Respondent

Ruling

1. Before me is a Notice of Motion dated 14th February 2024 filed under Order 53 Rules 1(1), (2) and (3), 3 and 4 of the Civil Procedure Rules and Section 3 of the Law Reform Act (Cap.26), and Section 7 and 8 of the Judicature Act (Cap.8).

2. The prayers in the application are for Judicial Review orders of mandamus against the respondents to pay the decretal amount in Voi CMCC No. E016 of 2021 MFI Document Solutions =versus= County Governmen Tof Taita Taveta.

3. This court having ordered that the said application be served, and though two affidavits of service were filed herein dated 28th May 2024 and 4th July 2024, no response to the application was filed by the respondents. The respondents also did not participate in the proceedings.

4. The application was canvassed through written submissions. In this regard, only S. A. Amadi & Company Advocates for the ex-parte applicant filed their submissions, which I have perused and considered.

5. Since this application is not opposed, and the documents filed herein disclose the decision of the court made in Voi CMCC No. E016 of 2021 sought to be enforced through mandamus herein, I have no reason not to allow the application.

6. I thus allow the application, and order as follows:-i.This court hereby issues orders of mandamus to direct and compel the respondents to pay the ex-parte applicant the decretal sum together with interest thereon of Kshs. 2,228,811. 46 awarded which is due on account of judgment entered in Voi CMCC E016 of 2021 MFI Document Solutions =versus= County Government Of Taita Taveta against the respondents herein.ii.Judicial Review orders of mandamus are hereby issued to compel the respondents to pay the decretal sum of Kshs. 2,405,306. 46 awarded in Voi CMCC E016 of 2021 MFI Doucment Solutions =versus= County Government Of Taita Taveta as per the certificate of order against the Government issued on 8th December 2023. iii.The respondents are hereby ordered to comply by satisfying the decree, costs and interest in Voi CMCC E016 of 2021 MFI Document Solutions =versus= County Government Of Taita Taveta within 14 days of service of the order of mandamus.iv.The costs of the Judicial Review application herein will be borne by the respondents.

DATED, SIGNED AND DELIVERED THIS 11TH DAY OF JULY 2024 IN OPEN COURT AT VOI VIRTUALLY.GEORGE DULUJUDGEIn the presence of:-Alfred/Trizah – Court AssistantsMr. Kahindi holding brief for Mr. Amadi for applicantNo appearance for respondents

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