[2024] KEHC 3884 (KLR)

Source-derived case information.

Citation: [2024] KEHC 3884 (KLR)
Parties: Applicant: Otieno, Ragot & Company Advocates; Respondent: County Secretary, County Government of Kisumu; Respondent: County Executive Member for Finance, County Government of Kisumu; Respondent: County Government of Kisumu
Court: High Court
Court Station: High Court at Kisumu
Jurisdiction: Kenya
Case Number: Judicial Review Miscellaneous Application E006 of 2024
Procedural Posture: Judicial Review Miscellaneous Application / Leave to Apply for Judicial Review
Outcome: Leave granted to the applicant to file judicial review application for mandamus.
Judges: RE Aburili
Legal Topics: Judicial Review, Mandamus, Government Liability, Public Finance Management
Source Language: en

Administrative Law Civil Procedure Judicial Review Mandamus Government Liability Public Finance Management

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Downloadable case file Legal principles 1 Authorities cited 4 Party arguments 2 Amounts and remedies 1

Parties

Otieno, Ragot & Company Advocates

Applicant

County Secretary, County Government of Kisumu

Respondent

County Executive Member for Finance, County Government of Kisumu

Respondent

County Government of Kisumu

Respondent

Procedural Posture

Judicial Review Miscellaneous Application / Leave to Apply for Judicial Review

Legal Issues

1 Whether the applicant is entitled to leave to apply for an order of mandamus to compel payment of a decretal sum by the County Government of Kisumu.
2 Whether there exists a valid decree and certificate of order against the government in favour of the applicant.
3 Whether the respondents have failed to settle the decretal sum despite demand.

Ratio Decidendi

The court found that the applicant had established the existence of a valid decree and certificate of order against the County Government of Kisumu, and that despite demand, the decretal sum of Kshs.156,060 had not been settled. This satisfied the threshold for granting leave to apply for judicial review by way of mandamus to compel the accounting officer of the County Government of Kisumu to settle the decretal sum. The court therefore granted the applicant leave to file the substantive motion for mandamus within 21 days.

Court Disposition

Leave granted to the applicant to file judicial review application for mandamus.

Orders

Leave is granted to the applicant to file a judicial review application seeking orders of mandamus to compel the County Government of Kisumu's accounting officer to settle the decretal sum as decreed.
The substantive motion to be filed and served within twenty-one (21) days from the date of the ruling.

Full Case Text

Judgment text and source record

28 paragraphs

Otieno, Ragot & Company Advocates v County Secretary, County Government of Kisumu & 2 others (Judicial Review Miscellaneous Application E006 of 2024) [2024] KEHC 3884 (KLR) (19 April 2024) (Ruling)

Neutral citation: [2024] KEHC 3884 (KLR)

Republic of Kenya

In the High Court at Kisumu

Judicial Review Miscellaneous Application E006 of 2024

RE Aburili, J

April 19, 2024

In The Matter Of An Application By Otieno, Ragot & Company Advocates And In The Matter Of Sections E, 103, 147 &148 Of The Public Finance Management Act, 2012 And In The Matter Of Section 44 & 45 Of The County Government Act, 2012 And In The Matter Of Government Proceedings Act, Chapter 40 Laws Of Kenya And In The Matter Of Articles 10, 23 &47 Of The Constitution Of Kenya

Between

Otieno, Ragot & Company Advocates

Applicant

and

The County Secretary, County Government of Kisumu

1st Respondent

The County Executive Member for Finance, County Government of Kisumu

2nd Respondent

County Government of Kisumu

3rd Respondent

Ruling

1. I have considered the Exparte Chamber Summons dated 4th April 2024, the grounds, the verifying affidavit and statutory statement together with annextures thereto.

2. I am satisfied that there is a valid decree and certificate of order against the Government issued in favour of the Applicant Otieno, Ragot & Company Advocates against the 3rd Respondents herein the County Government of Kisumu in Kisumu HC Misc. No. E20 of 2023 and that demand has been made for settlement of the said decretal sum of Kshs.156,060 but no settlement has been made.

3. I grant the Applicant/Advocate leave to file Judicial Review application seeking orders of Mandamus to compel the 3rd Respondents’ accounting officer to settle the decretal sum as decreed.

4. The substantive motion to be filed and served with twenty-one (21) days of today.

5. I make no orders as to costs of this application.

6. The Ruling and order to be typed and extracted accordingly.

7. This file is closed. The main motion to be filed in a fresh file.

8. I so order.

DATED, SIGNED AND DELIVERED AT KISUMU THIS 19THDAY OF APRIL, 2024R. E. ABURILIJUDGE

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