[2023] KEHC 23173 (KLR)
The court found that the applicant had satisfied the requirements for leave to apply for an order of mandamus, having demonstrated the existence of a decree, certificate of costs, and certificate of order against the Government, all properly signed, sealed, and served on the respondent. There being no opposition to...
Source-derived case information.
- Citation
- [2023] KEHC 23173 (KLR)
- Parties
- Applicant: Otieno, Ragot & Company Advocates; Respondent: County Government Of Kisumu
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Judicial Review E020 of 2023
- Procedural Posture
- Judicial Review / Ruling on Leave to Apply for Judicial Review Mandamus
- Outcome
- Leave granted to apply for judicial review order 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
Otieno, Ragot & Company Advocates
Applicant
County Government Of Kisumu
Respondent
Procedural Posture
Judicial Review / Ruling on Leave to Apply for Judicial Review Mandamus
Legal Issues
- 1 Whether the applicant is entitled to leave to apply for an order of mandamus to compel payment of a decree and certified costs against the County Government of Kisumu.
- 2 Whether the statutory requirements for seeking mandamus against a government entity have been satisfied.
Ratio Decidendi
The court found that the applicant had satisfied the requirements for leave to apply for an order of mandamus, having demonstrated the existence of a decree, certificate of costs, and certificate of order against the Government, all properly signed, sealed, and served on the respondent. There being no opposition to the application and all statutory preconditions having been met, the court granted leave as sought, allowing the applicant to file the substantive notice of motion for mandamus within 21 days.
Court Disposition
Leave granted to apply for judicial review order of mandamus.
Orders
- Prayer No. 1 in the application dated April 6, 2023 is granted (leave to apply for mandamus).
- The substantive notice of motion to be filed within 21 days of the ruling.
Full Case Text
Judgment text and source record
22 paragraphs
Otieno, Ragot & Company Advocates v County Government of Kisumu (Judicial Review E020 of 2023) [2023] KEHC 23173 (KLR) (4 October 2023) (Ruling)
Neutral citation: [2023] KEHC 23173 (KLR)
Republic of Kenya
In the High Court at Kisumu
Judicial Review E020 of 2023
RE Aburili, J
October 4, 2023
Between
Otieno, Ragot & Company Advocates
Applicant
and
County Government Of Kisumu
Respondent
Ruling
1. The application dated April 6, 2023 as supported by the affidavit of David Otieno Advocate seeks leave of court to apply for Judicial Review orders of Mandamus directed at CEC Finance, County Government of Kisumu to pay to the Applicant Kshs.342,490. 30 with interest at 14% p.a from February 27, 2017 being decree and certified costs in Kisumu HC Misc. No. E107 of 2021.
2. The application is not opposed. The applicant has satisfied the court that there exists a decree, certificate of costs and certificate of order against the Government which are duly signed and sealed by the Deputy Registrar of this court and served on the Respondent judgment debtor vide letter dated February 13, 2023, pursuant to order 29 rule 3 of the Civil Procedure Rulesand section 21 of the Government Proceedings Act.
3. Accordingly, I hereby grant the prayer No. 1 sought in the application dated April 6, 2023.
4. The substantive notice of motion to be filed within 21 days of today.
5. Costs shall be in the main application to be filed in a fresh file.
6. This file is closed.
7. I so order.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 4THDAY OF OCTOBER, 2023R.E. ABURILIJUDGE