[2025] KEHC 516 (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. The applicant had obtained a decree and a certificate of order against the government, and part payment had been made, leaving a specific outstanding balance. The court was...
Source-derived case information.
- Citation
- [2025] KEHC 516 (KLR)
- Parties
- Applicant: Multiline Services Limited; Respondent: Nairobi City County Government
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Judicial Review Application E017 of 2025
- Procedural Posture
- Judicial Review Application / Ruling on Leave to Apply for Judicial Review
- Outcome
- Leave granted to apply for judicial review orders of mandamus.
- Judges
- RE Aburili
- Legal Topics
- Mandamus, Government Liability, Decree Enforcement, Public Law Remedies
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Multiline Services Limited
Applicant
Nairobi City County Government
Respondent
Procedural Posture
Judicial Review Application / Ruling on Leave to Apply for Judicial Review
Legal Issues
- 1 Whether the applicant is entitled to leave to apply for orders of mandamus to compel the respondent to settle the balance of a decree.
- 2 Whether the application meets the threshold for grant of leave in judicial review proceedings.
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. The applicant had obtained a decree and a certificate of order against the government, and part payment had been made, leaving a specific outstanding balance. The court was satisfied that the threshold for leave had been met, as the applicant sought to enforce a clear statutory duty on the part of the respondent to settle the decree. The court therefore granted leave to the applicant to commence substantive judicial review proceedings against the responsible accounting officer of the Nairobi City County Government.
Court Disposition
Leave granted to apply for judicial review orders of mandamus.
Orders
- Leave is granted to the applicant to apply for judicial review orders of mandamus to compel the respondent to settle the decree.
- The substantive motion shall be filed and served in a separate judicial review file within 21 days.
Full Case Text
Judgment text and source record
25 paragraphs
Multiline Services Limited v Nairobi City County Government (Judicial Review Application E017 of 2025) [2025] KEHC 516 (KLR) (Judicial Review) (28 January 2025) (Ruling)
Neutral citation: [2025] KEHC 516 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Judicial Review
Judicial Review Application E017 of 2025
RE Aburili, J
January 28, 2025
Between
Multiline Services Limited
Applicant
and
Nairobi City County Government
Respondent
Ruling
1. I have perused the Chamber Summons dated 27/1/2025, the grounds, verifying affidavit and the annextures thereto.
2. The applicant seeks leave of court to apply for Judicial Review orders of Mandamus to compel settlement of balance of the decree in Milimani Commercial Courts CC No. 6004/2016 rendered on 1/7/2019 together with costs and interest.
3. A certificate of order Against the Government was issued and so was a decree.
4. The applicant received part payment leaving a balance of Kshs. 3,724,058. 90 unpaid to date.
5. I hereby grant leave to the exparte applicant to apply for Judicial Review orders of Mandamus to compel the Respondent to settle decree.
6. The substantive motion shall be filed and served in separate Judicial and fresh Review file within 21 days of today. The said proceedings shall be commenced against the accounting officer responsible for settlement of decrees in the City County Government of Nairobi.
7. I make no orders as to costs.
8. Ruling to be typed and served on the applicant Counsel.
9. This file is closed.
DATED, SIGNED AND DELIVERED AT NAIROBI THIS 28TH DAY OF JANUARY, 2025R.E. ABURILIJUDGE