[2024] KEELRC 559 (KLR)

[2024] KEELRC 559 (KLR)

The court found that the ex-parte applicants had established that they were awarded costs, that the costs were taxed and certified, and that the respondents had failed to satisfy the certificate of costs and order despite demand. The respondents did not file any affidavit to contest these facts. The court held that...

Source-derived case information.

Citation
[2024] KEELRC 559 (KLR)
Parties
Applicant: Republic; Respondent: Chief Finance Officer, County Government of Homa Bay; Respondent: Executive Member for Finance, County Government of Homa Bay; Respondent: County Government of Homa Bay; Applicant: Kenya Medical Practitioners Pharmacists and Dentists Union; Applicant: Kenya Union of Clinical Officers; Applicant: Kenya National Union of Nurses; Applicant: Kenya National Union of Medical Laboratory Officers
Court
Employment and Labour Relations Court
Court Station
Employment and Labour Relations Court at Kisumu
Jurisdiction
Kenya
Case Number
Judicial Review E042 of 2023
Procedural Posture
Judicial Review / Judgment
Outcome
application allowed
Judges
S Radido
Legal Topics
Judicial Review, Mandamus, Enforcement of Costs, Public Officer Liability
Source Language
en
Employment and Labour Judicial Review Mandamus Enforcement of Costs Public Officer Liability

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Parties

Republic

Applicant

Chief Finance Officer, County Government of Homa Bay

Respondent

Executive Member for Finance, County Government of Homa Bay

Respondent

County Government of Homa Bay

Respondent

Kenya Medical Practitioners Pharmacists and Dentists Union

Applicant

Kenya Union of Clinical Officers

Applicant

Kenya National Union of Nurses

Applicant

Kenya National Union of Medical Laboratory Officers

Applicant

Procedural Posture

Judicial Review / Judgment

Legal Issues

  1. 1 Whether the ex-parte applicants are entitled to an order of mandamus to compel the respondents to pay the taxed costs awarded by the court.
  2. 2 Whether the respondents have failed to satisfy the certificate of costs and order issued against them.

Ratio Decidendi

The court found that the ex-parte applicants had established that they were awarded costs, that the costs were taxed and certified, and that the respondents had failed to satisfy the certificate of costs and order despite demand. The respondents did not file any affidavit to contest these facts. The court held that the applicants had made a case for the grant of an order of mandamus to compel the respondents, as public officers and the County Government, to pay the certified costs. The legal threshold for mandamus was met, as the duty to pay was clear, specific, and had not been performed. The court therefore issued an order of mandamus directing payment of the taxed costs with interest...

Court Disposition

application allowed

Orders

  • An order of judicial review by way of mandamus is issued directing the Chief Officer, Finance, County Government of Homa Bay, the Executive Committee Member Finance, County Government of Homa Bay, and the County Government of Homa Bay to pay the ex-parte applicants the sum of Kshs 445,015/- together with interest at...
  • Costs of these proceedings are awarded to the ex-parte applicants.