[2022] KEHC 10763 (KLR)
The court found that the applicant had demonstrated an arguable case for the grant of leave to apply for judicial review by showing the existence of a consent decree in his favour and the respondent's failure to pay the decretal sum. The application met the threshold for leave under Order 53 of the Civil Procedure...
Source-derived case information.
- Citation
- [2022] KEHC 10763 (KLR)
- Parties
- Applicant: Peter Kariuki Muhenya; Respondent: Laikipia County Government
- Court
- High Court
- Court Station
- High Court at Nanyuki
- Jurisdiction
- Kenya
- Case Number
- Judicial Review E001 of 2022
- Procedural Posture
- Judicial Review / Ruling on Leave to Apply for Judicial Review
- Outcome
- Leave to apply for judicial review granted.
- Judges
- HPG Waweru
- Legal Topics
- Judicial Review, Mandamus, Enforcement of Decrees
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Peter Kariuki Muhenya
Applicant
Laikipia County Government
Respondent
Procedural Posture
Judicial Review / Ruling on Leave to Apply for Judicial Review
Legal Issues
- 1 Whether the applicant should be granted leave to apply for an order of mandamus to compel payment of a decretal sum by the respondent.
- 2 Whether the application meets the threshold for grant of leave for judicial review.
Ratio Decidendi
The court found that the applicant had demonstrated an arguable case for the grant of leave to apply for judicial review by showing the existence of a consent decree in his favour and the respondent's failure to pay the decretal sum. The application met the threshold for leave under Order 53 of the Civil Procedure Rules. Accordingly, the court granted leave to the applicant to file a substantive motion for an order of mandamus to compel the respondent to pay the decretal sum. The costs of the application were ordered to be in the cause.
Court Disposition
Leave to apply for judicial review granted.
Orders
- Leave is granted to the applicant to apply for an order of mandamus as sought.
- The substantive application shall be filed as provided for in the Civil Procedure Rules.
Full Case Text
Judgment text and source record
19 paragraphs
Muhenya v Laikipia County Government (Judicial Review E001 of 2022) [2022] KEHC 10763 (KLR) (23 June 2022) (Ruling)
Neutral citation: [2022] KEHC 10763 (KLR)
Republic of Kenya
In the High Court at Nanyuki
Judicial Review E001 of 2022
HPG Waweru, J
June 23, 2022
Between
Peter Kariuki Muhenya
Applicant
and
Laikipia County Government
Respondent
Ruling
1. The main relief sought in the chamber summons dated May 10, 2022 is leave to apply for judicial review, the specific order to be sought being mandamus –
“to compel the County Secretary, Laikipia County Government to pay, or cause to be paid, the decretal sum of KSHs 150,000/00 owed to theEx Pate applicant….” 1. The decree appears to have been passed by consent of the parties in Nanyuki CM MCL & E No 61 of 2019 (Peter Kariuki Muhena v Laikipia County Government).
2. I have read the verifying affidavit. I have also considered the submissions of the learned counsel appearing. I will allow the application and grant the leave sought to seek judicial review. Let the substantive application be filed as provided for in the Civil Procedure Rules. It is so ordered.
3. Costs of this application shall be in the substantive motion.
DATED AND SIGNED AT NANYUKI THIS 22ND DAY OF JUNE 2022H P G WAWERUJUDGEDELIVERED AT NANYUKI THIS 23RD DAY OF JUNE 2022