[2025] KEELC 4761 (KLR)
The court found that the applicant had obtained a judgment in Nyamira ELC E038 of 2021 for KShs 1,050,000 plus costs and interest, and that a certificate of order against government had been issued for KShs 2,489,215. The respondent, despite being served, failed to pay the decretal sum or oppose the application. The...
Source-derived case information.
- Citation
- [2025] KEELC 4761 (KLR)
- Parties
- Applicant: Gesaka Ongeri; Respondent: The County Government of Nyamira
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Nyamira
- Jurisdiction
- Kenya
- Case Number
- Environment and Land Judicial Review Case E001 of 2025
- Procedural Posture
- Judicial Review / Judgment
- Outcome
- Application allowed. Order of mandamus granted.
- Judges
- DO Ohungo
- Legal Topics
- Mandamus Against Government, Enforcement of Judgment, Certificate of Order Against Government
- 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
Gesaka Ongeri
Applicant
The County Government of Nyamira
Respondent
Procedural Posture
Judicial Review / Judgment
Legal Issues
- 1 Whether the applicant is entitled to an order of mandamus to compel the respondent to pay the decretal sum as per the judgment in Nyamira ELC E038 of 2021.
- 2 Whether the respondent has failed to satisfy the judgment debt despite service and issuance of a certificate of order against government.
Ratio Decidendi
The court found that the applicant had obtained a judgment in Nyamira ELC E038 of 2021 for KShs 1,050,000 plus costs and interest, and that a certificate of order against government had been issued for KShs 2,489,215. The respondent, despite being served, failed to pay the decretal sum or oppose the application. The court held that the applicant had satisfied all legal requirements for the grant of an order of mandamus, including the existence of a valid judgment, issuance of a certificate of order against government, and proof of service. The court therefore granted an order of mandamus compelling the respondent to pay the decretal sum to the applicant, together with costs of the...
Court Disposition
Application allowed. Order of mandamus granted.
Orders
- An order of mandamus is issued compelling the County Government of Nyamira to pay the applicant KShs 2,489,215 as ordered in Nyamira ELC E038 of 2021.
- The applicant is awarded costs of these proceedings.
Full Case Text
Judgment text and source record
18 paragraphs
Ongeri v County Government of Nyamira (Environment and Land Judicial Review Case E001 of 2025) [2025] KEELC 4761 (KLR) (19 March 2025) (Judgment)
Neutral citation: [2025] KEELC 4761 (KLR)
Republic of Kenya
In the Environment and Land Court at Nyamira
Environment and Land Judicial Review Case E001 of 2025
DO Ohungo, J
March 19, 2025
Between
Gesaka Ongeri
Applicant
and
The County Government of Nyamira
Respondent
Judgment
1. I have considered Notice of Motion dated 16th January 2025, the supporting affidavit and the material supplied at the leave stage.
2. The Notice of Motion is not opposed despite the Respondent being served. I note that judgment was delivered in favour of the Ex Parte Applicant in Nyamira ELC E038 of 2021 on 14th March 2024 for a total of KShs 1,050,000 (One Million Fifty Thousand) plus costs and interest. I have also perused the copy of Certificate of Order Against Government issued by the Deputy Registrar on 28th November 2024 where the total sum due is indicated as KShs 2,489,215/= (Two Million, Four Hundred Eighty Nine Thousand, Two Hundred Fifteen).
3. I grant an order of Mandamus compelling the Respondent to pay to the Ex Parte Applicant the sum of KShs 2,489,215/= as ordered in Nyamira ELC E038 of 2021. I also award the Ex Parte Applicant costs of these proceedings.
DATED, SIGNED, AND DELIVERED AT NYAMIRA THIS 19TH DAY OF MARCH 2025. SIGNED BY: HON. JUSTICE DALMAS OHUNGOTHE JUDICIARY OF KENYA.NYAMIRA ENVIRONMENT AND LAND COURT ENVIRONMENT AND LAND COURTDATE: 2025-03-19 11:53:38Doc IDENTITY: 3502484190262621558719161137 TrackingNumber:OO95TU2025