https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/2690
The court was satisfied from the affidavit of service that the respondents had been served, and because the application was unopposed, it granted leave to apply for judicial review by mandamus and directed filing of the substantive motion within 21 days.
Source-derived case information.
- Citation
- [2026] KEELC 2690 (KLR)
- Parties
- Ex Parte Applicant: Cliford Otieno Obiero t/a C Obiero & Associates Advocates; 1st Respondent: County Secretary, County Government of Kisumu; 2nd Respondent: County Government of Kisumu
- Court
- Environment and Land Court
- Jurisdiction
- Kenya
- Case Number
- Environment and Land Judicial Review Case E009 of 2025
- Procedural Posture
- Judicial Review Application for Leave to Seek Mandamus / Leave Application
- Outcome
- Leave granted; application allowed.
- Judges
- ["E Asati"]
- Legal Topics
- Mandamus, Enforcement of Court Orders, Leave to Apply for Judicial Review, Service of Application, Unopposed Application
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Cliford Otieno Obiero t/a C Obiero & Associates Advocates
Ex Parte Applicant
County Secretary, County Government of Kisumu
1st Respondent
County Government of Kisumu
2nd Respondent
Procedural Posture
Judicial Review Application for Leave to Seek Mandamus / Leave Application
Legal Issues
- 1 Whether leave to apply for judicial review by mandamus should be granted.
- 2 Whether the application was properly served and unopposed.
Ratio Decidendi
The court was satisfied from the affidavit of service that the respondents had been served, and because the application was unopposed, it granted leave to apply for judicial review by mandamus and directed filing of the substantive motion within 21 days.
Court Disposition
Leave granted; application allowed.
Orders
- Leave to apply for judicial review by mandamus granted in terms of prayer 1.
- Substantive judicial review application to be filed and served within 21 days.
Full Case Text
Judgment text and source record
1 paragraphs
Obiero t/a C Obiero & Associates Advocates v County Secretary, County Government of Kisumu & another (Environment and Land Judicial Review Case E009 of 2025) [2026] KEELC 2690 (KLR) (5 May 2026) (Ruling) Neutral citation: [2026] KEELC 2690 (KLR) Republic of Kenya In the Environment and Land Court at Kisumu Environment and Land Judicial Review Case E009 of 2025 E Asati, J May 5, 2026 IN THE MATTER OF: AN APPLICATION FOR LEAVE TO APPLY FOR THE JUDICIAL REVIEW WAY OF MANDAMUS BY CLIFORD OTIENO OBIERO T/A C. OBIERO & ASSOCIATE ADVOCATES AND IN THE MATTER OF AN APPLICATION FOR LEAVE TO APPLY FOR JUDICIAL REVIEW FOR THE ENFORCEMENT OF COURT ORDERS AND DECREE AGAINST THE 1 ST AND 2 ND RESPONDENT AND IN THE MATTER OF THE CONSTITUTION OF KENYA, 2010 AND IN THE MATTER OF: THE GOVERNMENT PROCEEDINGS ACT, CAP 40 AND IN THE MATTER OF ORDER 29 AND ORDER 53 OF THE CIVIL PROCEDURE RULES AND ALL THE ENABLING PROVISION OF THE LAW Between Cliford Otieno Obiero t/a C Obiero & Associates Advocates Ex parte Applicant and County Secretary, County Government of Kisumu 1st Respondent County Government of Kisumu 2nd Respondent Ruling 1.The Affidavit of Service dated 30th April, 2026 shows that the County Secretary and County Attorney, Kisumu County were served with the application for purposes of the leave sought. The application is unopposed, the same is hereby allowed and leave granted in terms of prayer 1 thereof. 2.The substantive Judicial Review application shall be filed and served within 21 (twenty one) days hereof. 3.Mention on 24th June, 2026 to confirm filing of the substantive application and for directions on disposal of the same.Orders accordingly. E. ASATI – JUDGE05/05/2026RULING DATED AND SIGNED AT KISUMU, READ VIRTUALLY THIS 5TH DAY OF MAY, 2026 THROUGH MICROSOFT TEAMS ONLINE APPLICATION.E. ASATIJUDGEIn the presence ofAtika - Court AssistantObiero Advocate for the ApplicantNo appearance for the Respondents