Republic v County Executive Committee Member, Finance and Economic Planning & 3 others; Maliki & another (Ex parte Applicants) (Suing as the Administraors of the Estate of the Late Livingstone Kirigha Mwadime) (Judicial Review Application E003 of 2026) [2026] KEHC 4701 (KLR) (14 April 2026) (Ruling)
Application for mandamus allowed as prayed due to lack of opposition; Respondents required to pay decretal sum as per consent order.
Source-derived case information.
- Citation
- [2026] KEHC 4701 (KLR)
- Parties
- Applicant: Republic; 1st Respondent: County Executive Committee Member, Finance and Economic Planning; 2nd Respondent: County Chief Officer Finance and Economic Planning; 3rd Respondent: County Secretary; 4th Respondent: County Government of Taita Taveta; Ex Parte Applicant: Aisha Mlisho Maliki; Ex Parte Applicant: Brighton Mwanyama Kirigha
- Court
- High Court
- Jurisdiction
- Kenya
- Case Number
- Judicial Review Application E003 of 2026
- Procedural Posture
- Judicial Review Application / Ruling
- Outcome
- Application allowed as prayed with costs to the Applicant.
- Legal Topics
- Mandamus, County Government Liability, Enforcement of Consent Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
County Executive Committee Member, Finance and Economic Planning
1st Respondent
County Chief Officer Finance and Economic Planning
2nd Respondent
County Secretary
3rd Respondent
County Government of Taita Taveta
4th Respondent
Aisha Mlisho Maliki
Ex Parte Applicant
Brighton Mwanyama Kirigha
Ex Parte Applicant
Procedural Posture
Judicial Review Application / Ruling
Legal Issues
- 1 Whether the Respondents should be compelled by mandamus to pay the decretal sum as per the consent order
Ratio Decidendi
Application for mandamus allowed as prayed due to lack of opposition; Respondents required to pay decretal sum as per consent order.
Court Disposition
Application allowed as prayed with costs to the Applicant.
Orders
- Summons to issue to Respondents to appear in court on 11th May 2026 to show cause why they should not be committed to civil jail for failure to pay the decretal sum
Full Case Text
Judgment text and source record
1 paragraphs
Republic v County Executive Committee Member, Finance and Economic Planning & 3 others; Maliki & another (Ex parte Applicants) (Suing as the Administraors of the Estate of the Late Livingstone Kirigha Mwadime) (Judicial Review Application E003 of 2026) [2026] KEHC 4701 (KLR) (14 April 2026) (Ruling) Neutral citation: [2026] KEHC 4701 (KLR) Republic of Kenya In the High Court at Voi Judicial Review Application E003 of 2026 AN Ongeri, J April 14, 2026 IN THE MATTER OF:AN APPLICATION FOR JUDICIAL REVIEW ORDERS OF MANDAMUS AND IN THE MATTER OF: ARTICLES 10, 27, 47, 48, 50, 165 AND 226(2) OF THE CONSTITUTION OF KENYA AND IN THE MATTER OF: SECTIONS 103, 104 AND 105 OF THE COUNTY GOVERNMENTS ACT, NO. 17 OF 2012 AND IN THE MATTER OF:ORDER 53 RULES 1, 2 AND 3 OF THE CIVIL PROCEDURE RULES, 2010 AND IN THE MATTER OF:THE CONSENT ORDER OF KSHS. 1,654,186.60/- Between Republic Applicant and County Executive Committee Member, Finance and Economic Planning 1st Respondent County Chief Officer Finance and Economic Planning 2nd Respondent County Secretary 3rd Respondent County Government of Taita Taveta 4th Respondent and Aisha Mlisho Maliki Ex parte Applicant Brighton Mwanyama Kirigha Ex parte Applicant Suing as the Administraors of the Estate of the Late Livingstone Kirigha Mwadime Ruling 1.The application dated 18th February 2026 was served upon the Respondents and an affidavit of service dated 2nd April 2026 filed. 2.The application is not opposed and the same is allowed as prayed with costs to the Applicant. 3.Summons to issue to the Respondents to appear in court on 11th May 2026 to show cause why they should not be committed to civil jail for failure to pay the decretal sum. DATED, SIGNED AND DELIVERED THIS 14TH DAY OF APRIL 2026 IN OPEN COURT AT VOI HIGH COURT.ASENATH ONGERIJUDGEIn the presence of:-Court Assistant: Millicent/EghwaMr. Kiwinfa for the Ex-Parte Applicant