[2025] KEHC 2761 (KLR)
The court found that the applicant had satisfied all procedural requirements for the grant of an order of mandamus. The respondent, having been duly served, failed to file any response or attend the hearing, rendering the application unopposed under Order 51 Rule 14(4) of the Civil Procedure Rules. The court held...
Source-derived case information.
- Citation
- [2025] KEHC 2761 (KLR)
- Parties
- Applicant: Republic; Respondent: County Government of Marsabit; Applicant: Njeri Lowasa Kasula
- Court
- High Court
- Court Station
- High Court at Marsabit
- Jurisdiction
- Kenya
- Case Number
- Judicial Review Miscellaneous Application E001 of 2025
- Procedural Posture
- Judicial Review Miscellaneous Application / Ruling on Substantive Notice of Motion for Mandamus
- Outcome
- Application allowed; orders of mandamus granted as prayed; costs awarded to applicant.
- Judges
- FR Olel
- Legal Topics
- Judicial Review, Mandamus Orders, Enforcement of Decrees, Public Body Liability
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Republic
Applicant
County Government of Marsabit
Respondent
Njeri Lowasa Kasula
Applicant
Procedural Posture
Judicial Review Miscellaneous Application / Ruling on Substantive Notice of Motion for Mandamus
Legal Issues
- 1 Whether the applicant is entitled to an order of mandamus compelling the respondent to settle the decree in Marsabit CMCC No E015 of 2022.
- 2 Whether the respondent's failure to respond or attend court justifies granting the orders sought.
- 3 Whether costs should be awarded to the applicant.
Ratio Decidendi
The court found that the applicant had satisfied all procedural requirements for the grant of an order of mandamus. The respondent, having been duly served, failed to file any response or attend the hearing, rendering the application unopposed under Order 51 Rule 14(4) of the Civil Procedure Rules. The court held that the applicant was entitled to an order compelling the respondent to settle the decree in Marsabit CMCC No E015 of 2022, including costs and interest, as the respondent had a statutory duty to satisfy court judgments against it. The court further assessed the costs of the suit at Kshs 100,000, all inclusive.
Court Disposition
Application allowed; orders of mandamus granted as prayed; costs awarded to applicant.
Orders
- An order of mandamus is issued compelling the respondent to pay the ex parte applicant the decretal sum issued in Marsabit CMCC E015 of 2022 plus costs and interest thereon.
- The costs of this suit are assessed at Kshs 100,000, all inclusive, payable by the respondent to the applicant.
Full Case Text
Judgment text and source record
26 paragraphs
Republic v County Government of Marsabit; Kasula (Exparte Applicant) (Judicial Review Miscellaneous Application E001 of 2025) [2025] KEHC 2761 (KLR) (13 March 2025) (Ruling)
Neutral citation: [2025] KEHC 2761 (KLR)
Republic of Kenya
In the High Court at Marsabit
Judicial Review Miscellaneous Application E001 of 2025
FR Olel, J
March 13, 2025
IN THE MATTER OF AN APPLICATION FOR LEAVE TO APPLY FOR JUDICIAL REVIEW ORDERS OF MANDAMUS AND IN THE MATTER OF THE CONSTITUTION OF KENYA 2010 IN THE MATTER OF THE FATAL ACCIDENTS ACT/LAW REFORM ACT
Between
Republic
Applicant
and
County Government of Marsabit
Respondent
and
Njeri Lowasa Kasula
Exparte Applicant
Ruling
1. The Applicant herein filed her chamber summons dated 21st January 2025, seeking leave to institute judicial review proceedings against the respondent to compel its chief officer finance and the county Attorney General to settle the decree passed in Marsabit CMCC No E015 of 2022 plus cost and interest arising therefrom.
2. This Honourable court upon considering the said Application did grant the leave so sought on 29th January 2025 and gave the Ex parte Applicant 14 days to file and serve the substantive Notice of motion. On the very same day, the said Notice of motion was filed and served upon the respondent on 6th February 2025, as confirmed by the affidavit of service filed by one Sospeter Opondo, also dated on the even date.
3. The Ex parte Applicant in the said application sought for orders that, Orders of Madamus do issue compelling the Respondent to pay the ex parte Applicant the decretal sum issued in Marsabit CMCC E015 of 2022 plus cost and interest thereon. she also prayed to be awarded the costs of this Application.
4. The respondent despite service on 06. 02. 2025 did not attend court on 06. 03. 2025 when the matter came up for inter parties hearing nor had they filed any response to this Application. By dint of provisions of Order 51 Rule 14(4) of the civil procedure Rules, this Application is deemed to be unopposed.
Disposition 5. In the circumstances I do find that the Notice of motion Application dated 29. 01. 2025 has merit and the same is allowed in in terms of prayer (1) and (2).
6. The costs of this suit is assessed at Kshs 100,000/= all inclusive.
7. It is so ordered.
READ, SIGNED, AND DELIVERED VIRTUALLY AT MARSABIT ON THIS 13TH DAY OF MARCH, 2025. FRANCIS RAYOLA OLELJUDGEDelivered on the virtual platform, Teams this 13th day of MARCH 2025. In the presence of;Mr. Opondo for Ex parte ApplicantN/A for RespondentMr. Jarso Court Assistant