[2025] KEHC 1442 (KLR)
The court found that, although the respondent had delayed compliance with the order to file accounts and reply to the chamber summons dated 5/7/2024, the interests of justice warranted a final, limited extension. The respondent was granted 10 days from the date of the ruling to file and serve a reply, with the...
Source-derived case information.
- Citation
- [2025] KEHC 1442 (KLR)
- Parties
- Applicant: Republic; Respondent: Baringo County Government; Respondent: The County Secretary, Baringo County; Respondent: Chief Officer, Finance/County Treasurer, Baringo County
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Judicial Review Miscellaneous Application 687 of 2017
- Procedural Posture
- Judicial Review / Interlocutory Ruling on Extension of Time
- Outcome
- Partial grant of extension of time with strict timelines; hearing date fixed.
- Judges
- RE Aburili
- Legal Topics
- Judicial Review Procedure, Mandamus Orders, Extension of Time, Accounting Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Baringo County Government
Respondent
The County Secretary, Baringo County
Respondent
Chief Officer, Finance/County Treasurer, Baringo County
Respondent
Procedural Posture
Judicial Review / Interlocutory Ruling on Extension of Time
Legal Issues
- 1 Whether the respondent should be granted further time to file and serve a reply to the chamber summons dated 5/7/2024.
- 2 Whether continued delay by the respondent justifies refusal of further enlargement of time.
Ratio Decidendi
The court found that, although the respondent had delayed compliance with the order to file accounts and reply to the chamber summons dated 5/7/2024, the interests of justice warranted a final, limited extension. The respondent was granted 10 days from the date of the ruling to file and serve a reply, with the applicant allowed 5 days thereafter to respond if necessary. The court made it clear that no further enlargement of time would be granted in the event of non-compliance. This decision balanced the need for expeditious disposal of the matter, the respondent's explanation for delay, and the applicant's right to timely resolution.
Court Disposition
Partial grant of extension of time with strict timelines; hearing date fixed.
Orders
- The respondent is granted 10 days from 17 February 2025 to file and serve a reply to the chamber summons dated 5/7/2024.
- The applicant may file and serve a further affidavit within 5 days of service if necessary.
Full Case Text
Judgment text and source record
24 paragraphs
Republic v Baringo County Government & 2 others (Judicial Review Miscellaneous Application 687 of 2017) [2025] KEHC 1442 (KLR) (Judicial Review) (17 February 2025) (Ruling)
Neutral citation: [2025] KEHC 1442 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Judicial Review
Judicial Review Miscellaneous Application 687 of 2017
RE Aburili, J
February 17, 2025
Between
Republic
Applicant
and
Baringo County Government
1st Respondent
The County Secretary, Baringo County
2nd Respondent
Chief Offier, Finance/County Treasurer, Baringo County
3rd Respondent
Ruling
1. It is not in dispute that this is an extremely old matter, of 2017. It is also not in dispute that mandamus orders were issued on 28/1/2022 and the court ordered for taking of account; between the parties.
2. It is also not in dispute that the applicant filed and served a statement of accounts dated 5/7/2024 and the Respondent has to date not filed any accounts since July 2024. The Respondent’s Counsel seeks 30 days to comply on account of previous lack of communication from their client and the fact of the Respondent’s Counsel being unwell for 4 months. The applicant’s Counsel is opposed to the extension of time and seeks that a hearing date be fixed since it has taken long for the Respondent to file any response.
3. Having considered the position taken by both parties, I find that the order that commends itself in the interest of justice is to grant the Respondent 10 days to today to file and serve a reply to the chamber summons dated 5/7/2024 upon which the applicant will have 5 days of the date of service to file and serve a further affidavit if need arises and in default of the Respondent complying there shall be no more enlargement of time.
4. As the application dated 5/7/2024 has been pending for long, it shall be heard on 5/3/2025 orally.
DATED, SIGNED AND DELIVERED AT NAIROBI THIS 17TH DAY OF FEBRUARY, 2025R.E. ABURILIJUDGE