[2024] KEHC 7964 (KLR)
The court found that the applicant had demonstrated sufficient grounds to warrant the grant of leave to commence judicial review proceedings for an order of mandamus. The supporting documents established the existence of a decree in Kisumu CMCC No. 252 of 2021 and the respondents' failure to settle it. The court was...
Source-derived case information.
- Citation
- [2024] KEHC 7964 (KLR)
- Parties
- Applicant: Pel Travelers Limited; Respondent: County Secretary, County Government Of Nyamira; Respondent: County Executive Member for Finance County Government Of Nyamira; Respondent: County Government Of Nyamira
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Judicial Review E015 of 2024
- Procedural Posture
- Judicial Review / Ruling on Ex Parte Chamber Summons for Leave to Apply for Mandamus
- Outcome
- Leave granted to the applicant to institute judicial review proceedings for orders of mandamus.
- Judges
- RE Aburili
- Legal Topics
- Judicial Review, Mandamus Orders, Enforcement of Decrees, Public Body Liability
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Pel Travelers Limited
Applicant
County Secretary, County Government Of Nyamira
Respondent
County Executive Member for Finance County Government Of Nyamira
Respondent
County Government Of Nyamira
Respondent
Procedural Posture
Judicial Review / Ruling on Ex Parte Chamber Summons for Leave to Apply for Mandamus
Legal Issues
- 1 Whether the applicant is entitled to leave to institute judicial review proceedings for orders of mandamus against the respondents.
- 2 Whether the respondents can be compelled to settle a decree issued in Kisumu CMCC No. 252 of 2021.
Ratio Decidendi
The court found that the applicant had demonstrated sufficient grounds to warrant the grant of leave to commence judicial review proceedings for an order of mandamus. The supporting documents established the existence of a decree in Kisumu CMCC No. 252 of 2021 and the respondents' failure to settle it. The court was satisfied that the threshold for leave under Order 53 of the Civil Procedure Rules had been met, and thus granted prayer 1 of the Chamber Summons dated 18th June 2024, allowing the applicant to file the substantive Notice of Motion within 21 days.
Court Disposition
Leave granted to the applicant to institute judicial review proceedings for orders of mandamus.
Orders
- Prayer 1 of the Chamber Summons dated 18th June 2024 is granted; leave to apply for orders of mandamus is granted.
- The substantive Notice of Motion shall be filed and served within 21 days.
Full Case Text
Judgment text and source record
26 paragraphs
Pel Travelers Limited v County Secretary, County Government of Nyamira & 2 others (Judicial Review E015 of 2024) [2024] KEHC 7964 (KLR) (27 June 2024) (Ruling)
Neutral citation: [2024] KEHC 7964 (KLR)
Republic of Kenya
In the High Court at Kisumu
Judicial Review E015 of 2024
RE Aburili, J
June 27, 2024
Between
Pel Travelers Limited
Applicant
and
The County Secretary, County Government Of Nyamira
1st Respondent
The County Executive Member for Finance County Government Of Nyamira
2nd Respondent
The County Government Of Nyamira
3rd Respondent
Ruling
1. I have considered the Exparte Chamber Summons dated 18th June 2024. The Applicant seeks leave of court to institute Judicial Review Proceedings seeking for orders of Mandamus to issue against the Respondent County Government of Nyamira compelling the Respondent to settle decree in Kisumu CMCC no. 252 of 2021 between the parties hereto.
2. I have perused the grounds, affidavit in support, verifying the facts and statements of facts and annextures.
3. I am satisfied that the orders sought are merited. I hereby grant prayer 1 of the Chamber Summons dated 18th June 2024.
4. Costs shall be in the main Notice of Motion which shall be filed and served within 21 days of today.
5. This Ruling, setting out the entire prayer 1 of the Chamber Summons to be typed and uploaded on the CTS. The Applicant’s counsel to be notified via email, pending the typing and uploading of the Ruling and order.
6. This file is effectively closed and shall only be placed in the substantive Notice of Motion file once the latter is filed.
7. File closed.
Dated, Signed and Delivered at Kisumu this 27th Day of June, 2024R. E. ABURILIJUDGEPage 2 of 2