[2024] KEHC 3602 (KLR)
The court found that the applicant had demonstrated that it was a judgment creditor pursuant to a decree and certificate of costs issued in Winam SPMCC No. E015 of 2022, and that these had been served on the respondent, with no evidence of settlement provided. The court held that the applicant had met the threshold...
Source-derived case information.
- Citation
- [2024] KEHC 3602 (KLR)
- Parties
- Applicant: Nyokumo Plumbing & Building Contractors Limited; Respondent: County Executive Committee Member for Finance, County Government of Kisumu
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Judicial Review E002 of 2024
- Procedural Posture
- Judicial Review / Ruling on Exparte Chamber Summons for Leave to Apply for Mandamus
- Outcome
- Leave granted to the applicant to apply for judicial review orders of mandamus.
- Judges
- RE Aburili
- Legal Topics
- Judicial Review, Mandamus, Government Liability, Enforcement of Decrees
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Nyokumo Plumbing & Building Contractors Limited
Applicant
County Executive Committee Member for Finance, County Government of Kisumu
Respondent
Procedural Posture
Judicial Review / Ruling on Exparte Chamber Summons for Leave to Apply for Mandamus
Legal Issues
- 1 Whether the applicant is entitled to leave to apply for judicial review orders of mandamus to compel the respondent to settle a decree and certificate of costs against the government.
- 2 Whether the respondent has failed to settle the decree and certificate of order despite service and demand.
Ratio Decidendi
The court found that the applicant had demonstrated that it was a judgment creditor pursuant to a decree and certificate of costs issued in Winam SPMCC No. E015 of 2022, and that these had been served on the respondent, with no evidence of settlement provided. The court held that the applicant had met the threshold for grant of leave to apply for judicial review orders of mandamus to compel the respondent to settle the outstanding sums. Accordingly, the exparte chamber summons was allowed, granting the applicant leave to file the substantive motion for mandamus.
Court Disposition
Leave granted to the applicant to apply for judicial review orders of mandamus.
Orders
- Leave is granted to the applicant to apply for judicial review orders of mandamus against the respondent to compel settlement of the decree for Kshs.940,992 with interest at 14% per annum from 22nd August 2016 until payment in full, plus costs of Kshs.72,600 as per decree issued on 3rd March 2022 and certificate of...
- The substantive motion shall be filed and served upon the respondent within 21 days of this ruling.
Full Case Text
Judgment text and source record
25 paragraphs
Nyokumo Plumbing & Building Contractors Limited v County Executive Committee Member for Finance, County Government of Kisumu (Judicial Review E002 of 2024) [2024] KEHC 3602 (KLR) (11 April 2024) (Ruling)
Neutral citation: [2024] KEHC 3602 (KLR)
Republic of Kenya
In the High Court at Kisumu
Judicial Review E002 of 2024
RE Aburili, J
April 11, 2024
Between
Nyokumo Plumbing & Building Contractors Limited
Applicant
and
The County Executive Committee Member for Finance, County Government of Kisumu
Respondent
Ruling
1. I have considered the Exparte Chamber Summons dated 28th February 2024 brought under the provisions of Order 53 Rules 1(1) (2) & (3) of the Civil Procedure Rules, the statement of facts, the verifying affidavit and the annextures thereto.
2. I am satisfied that the Respondent was certified to be a judgment debtor in Winam SPMCC No. E015 of 2022 and that Decree, Certificate of Costs as well as the certificate order against the Government respectively, were issued and served upon the Respondent herein vide letter of 7th July 2023 by the Exparte Applicant’s counsel asking for settlement.
3. The said letter was copied to the legal department of the County Government of Kisumu.
4. There is no evidence of settlement of the said decree and certificate of order against the Government.
5. In the premises, I find the exparte chamber summons dated 28th February 2024 merited.
6. I allow the Chamber Summons and grant leave to the exparte applicant leave to apply for Judicial Review orders of Mandamus against the Respondent herein seeking orders to compel the Respondent to settle decree for the sum of Kshs.940,992 together with interest at 14% p.a from 22nd August 2016 until payment in full plus costs of Kshs.72,600 as per decree issued on 3rd March 2022 and certificate of costs dated 30th June 2022.
7. The substantive motion shall be filed and served upon the Respondent within 21 days of this Ruling.
8. Costs shall be in the main motion.
9. This file is closed.
10. I so order.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 11THDAY OF APRIL, 2024R. E. ABURILIJUDGE