[2023] KEHC 18990 (KLR)
The court found that, since execution cannot be effected against the assets of the County Government of Kisumu, the only procedural way to enforce a decree against the government is through judicial review proceedings as stipulated in the Government Proceedings Act. The applicant satisfied the requirements for leave...
Source-derived case information.
- Citation
- [2023] KEHC 18990 (KLR)
- Parties
- Applicant: Republic; Respondent: County Government of Kisumu; Respondent: The County Secretary Kisumu County; Respondent: The Chief Finance Officer, Kisumu County
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Judicial Review Application E016 of 2023
- Procedural Posture
- Judicial Review Application / Ruling on Leave to Apply for Judicial Review
- Outcome
- Leave granted to the applicant to institute judicial review proceedings for orders of mandamus against the respondents.
- Judges
- RE Aburili
- Legal Topics
- Judicial Review, Mandamus Orders, Government Proceedings, Enforcement of Decrees
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
County Government of Kisumu
Respondent
The County Secretary Kisumu County
Respondent
The Chief Finance Officer, Kisumu County
Respondent
Procedural Posture
Judicial Review Application / Ruling on Leave to Apply for Judicial Review
Legal Issues
- 1 Whether the applicant should be granted leave to apply for judicial review orders of mandamus against the respondents to compel settlement of costs and interest awarded in a previous suit.
- 2 Whether judicial review is the proper procedure for enforcing a decree against a county government.
Ratio Decidendi
The court found that, since execution cannot be effected against the assets of the County Government of Kisumu, the only procedural way to enforce a decree against the government is through judicial review proceedings as stipulated in the Government Proceedings Act. The applicant satisfied the requirements for leave under Order 53 of the Civil Procedure Rules, and there being no opposition, leave was granted to institute judicial review proceedings for orders of mandamus to compel the respondents to settle the decree and certificate of order against the government.
Court Disposition
Leave granted to the applicant to institute judicial review proceedings for orders of mandamus against the respondents.
Orders
- Leave is granted to the applicant to institute judicial review proceedings against the respondents for orders of mandamus to compel settlement of decree and certificate of order against the government.
- The substantive application to be filed and served within twenty-one (21) days in separate proceedings.
Full Case Text
Judgment text and source record
26 paragraphs
Republic v County Government of Kisumu & 2 others (Judicial Review Application E016 of 2023) [2023] KEHC 18990 (KLR) (21 June 2023) (Ruling)
Neutral citation: [2023] KEHC 18990 (KLR)
Republic of Kenya
In the High Court at Kisumu
Judicial Review Application E016 of 2023
RE Aburili, J
June 21, 2023
Between
Republic
Applicant
and
County Government of Kisumu
1st Respondent
The County Secretary Kisumu County
2nd Respondent
The Chief Finance Officer, Kisumu County
3rd Respondent
Ruling
1. The application dated March 30, 2023 seeks leave to apply for Judicial Review orders of mandamus directed at the Respondents compelling them to settle costs in HC Misc. Application No. E023 of 2021 and interest all totalling Kshs.141,600 and costs to be in the cause.
2. There is no opposition to the application which is filed pursuant to the provisions of Order 53 Rule (1) (2) and (4) of the Civil Procedure Rules.
3. The 1st Respondent is the County Government of Kisumu and no execution can be effected against its assets. This application is the only procedural way by which a party can enforce a decree against the Government, as stipulated in the Government Proceedings Act.
4. Accordingly, I grant leave to the applicant to institute judicial review proceedings against the respondents for orders of mandamus to compel settlement of decree and certificate of order against the Government by the respondents.
5. The substantive application to be filed and served within twenty-one (21) days of today in separate proceedings.
6. This order to apply to the series files JR Nos. E017 OF 2023, E018 of 2023, E019 of 2023 and E015 of 2023 mutatis mutandis and with necessary modifications.
7. This file and the files mentioned hereinabove are marked as closed but orders shall be filed in the respective files. This file is closed.
Dated, Signed and Delivered at Kisumu this 21stDay of June, 2023R. E. ABURILIJUDGE