[2024] KEHC 549 (KLR)

Source-derived case information.

Citation: [2024] KEHC 549 (KLR)
Parties: Applicant: Otieno, Ragot & Company Advocates; Respondent: County Executive Member for Finance, County Government of Kisumu; Respondent: County Government of Kisumu; Respondent: County Secretary, Kisumu County
Court: High Court
Court Station: High Court at Kisumu
Jurisdiction: Kenya
Case Number: Miscellaneous Civil Application E203 of 2023
Procedural Posture: Miscellaneous Application / Ruling on Ex Parte Chamber Summons for Leave to Apply for Judicial Review
Outcome: Leave granted to apply for judicial review order of mandamus.
Judges: RE Aburili
Legal Topics: Judicial Review, Mandamus Orders, Government Liability, Taxed Costs Enforcement
Source Language: en

Administrative Law Civil Procedure Judicial Review Mandamus Orders Government Liability Taxed Costs Enforcement

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Downloadable case file Legal principles 2 Authorities cited 2 Party arguments 2 Amounts and remedies 2

Parties

Otieno, Ragot & Company Advocates

Applicant

County Executive Member for Finance, County Government of Kisumu

Respondent

County Government of Kisumu

Respondent

County Secretary, Kisumu County

Respondent

Procedural Posture

Miscellaneous Application / Ruling on Ex Parte Chamber Summons for Leave to Apply for Judicial Review

Legal Issues

1 Whether the applicant is entitled to leave to apply for judicial review orders of mandamus against the respondents to compel settlement of a decree for taxed costs.
2 Whether there is any pending challenge or reference to the taxed costs or certificate of order against the government.
3 Whether there is any dispute as to retainer between the applicant and respondents.

Ratio Decidendi

The court found that the applicant had satisfied the requirements for grant of leave to apply for judicial review orders of mandamus, as there was no pending reference or challenge to the taxed costs or the certificate of order against the government, and no dispute as to retainer. The applicant had served the certificate upon the respondents, and the statutory duty to settle the decree had arisen. Accordingly, leave was granted to the applicant to file the substantive motion for mandamus.

Court Disposition

Leave granted to apply for judicial review order of mandamus.

Orders

Leave is granted to the applicant to apply for judicial review order of mandamus against the respondents to compel settlement of decree in HC Misc. Application No. E104 of 2022 as per the certificate of order against the government.
The substantive Notice of Motion shall be filed and served within twenty-one days in a separate court file.

Full Case Text

Judgment text and source record

27 paragraphs

Otieno, Ragot & Company Advocates v County Executive Member for Finance, County Government of Kisumu & 2 others (Miscellaneous Civil Application E203 of 2023) [2024] KEHC 549 (KLR) (26 January 2024) (Ruling)

Neutral citation: [2024] KEHC 549 (KLR)

Republic of Kenya

In the High Court at Kisumu

Miscellaneous Civil Application E203 of 2023

RE Aburili, J

January 26, 2024

Between

Otieno, Ragot & Company Advocates

Applicant

and

County Executive Member for Finance, County Government of Kisumu

1st Respondent

County Government of Kisumu

2nd Respondent

County Secretary, Kisumu County

3rd Respondent

Ruling

1. I have considered the Exparte Chamber Summons dated 6th December 2023 seeking for leave to apply for Judicial Review Orders of Mandamus compelling the Respondents herein to settle decree in the sum of Kshs.165,517. 12 with interest at 14% p.a from 22nd November 2021 till payment in full being decretal sum in Kisumu HC Misc. Civil Application No. E104 of 2022 in the matter of Advocate/Client costs taxed in favour of Otieno, Ragot & Company Advocates and Municipal Council of Kisumu.

2. I have also considered the grounds in support thereof and the statement of facts and affidavit verifying those facts.

3. I am satisfied that the Applicant is deserving of the orders sought as no reference or challenge to the taxed costs and certificate of order against the Government is pending before this court. There is also no dispute as to retainer.

4. I grant leave to the Exparte Applicant herein Otieno, Ragot & Company Advocates to apply for Judicial Review Order of Mandamus against the Respondents herein to compel the respondents to settle decree in HC Misc. Application No. E104 of 2022 as per certificate of order against the Government which was duly served upon the respondents.

5. The substantive Notice of Motion shall be filed and served within twenty-one (21) days of today in a separate court file.

6. The Registry to notify the Exparte Applicant’ counsel forthwith.

7. Costs shall be in the main motion.

8. This file is closed.

DATED, SIGNED AND DELIVERED AT KISUMU THIS 26TH DAY OF JANUARY, 2024R. E. ABURILIJUDGE

About this LexChat collection

Publisher and coverage

LexChat is published by Esheria. Coverage reflects the case law currently mapped from identified source collections; it may be incomplete, delayed, or later corrected. The official source controls where it differs from this research page.

AI and research method

Source-derived facts are shown separately from AI-generated material. If an AI summary is available, it is explicitly labelled and remains a non-authoritative research aid.

Corrections and reporting

Report a source mismatch, factual issue, personal-data concern, or licensing question to support@esheria.co.ke. Include this page's URL and the supporting official source so the record can be reviewed, corrected, restricted, or withdrawn.

Legal-information disclaimer

LexChat provides legal information and research tools, not legal advice. Verify currency, status, citations, and jurisdiction with authoritative sources and a qualified professional where appropriate.