[2025] KEHC 2732 (KLR)
The applicant obtained a judgment and a certificate of order against the Government in Tigania SOMCC No. E109 of 2021. The respondents, being public officers and the County Government, have a statutory duty under Section 21 of the Government Proceedings Act to satisfy the decree. The applicant demonstrated that the...
Source-derived case information.
- Citation
- [2025] KEHC 2732 (KLR)
- Parties
- Applicant: Republic; Respondent: County Government of Meru; Respondent: County Executive Committee Member (CECM) Finance, County Government of Meru; Respondent: Chief Officer Finance, County Government of Meru; Respondent: Chief Officer, Legal Affairs, Public Service Management and Administration, County Government of Meru; Respondent: County Secretary, County Government of Meru
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Judicial Review E003 of 2024
- Procedural Posture
- Judicial Review / Ruling on Application for Order of Mandamus
- Outcome
- Application allowed. Order of mandamus granted as prayed. Costs to the applicant.
- Judges
- HM Nyaga
- Legal Topics
- Judicial Review, Mandamus Orders, Enforcement of Decrees, Government Liability
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
County Government of Meru
Respondent
County Executive Committee Member (CECM) Finance, County Government of Meru
Respondent
Chief Officer Finance, County Government of Meru
Respondent
Chief Officer, Legal Affairs, Public Service Management and Administration, County Government of Meru
Respondent
County Secretary, County Government of Meru
Respondent
Procedural Posture
Judicial Review / Ruling on Application for Order of Mandamus
Legal Issues
- 1 Whether an order of mandamus should issue to compel the respondents to settle the decree, costs, and interest in Tigania SOMCC No. E109 of 2021.
- 2 Whether the applicant satisfied the legal requirements for grant of an order of mandamus against a county government.
Ratio Decidendi
The applicant obtained a judgment and a certificate of order against the Government in Tigania SOMCC No. E109 of 2021. The respondents, being public officers and the County Government, have a statutory duty under Section 21 of the Government Proceedings Act to satisfy the decree. The applicant demonstrated that the decree remains unsatisfied despite compliance with all procedural requirements, including obtaining leave to file for mandamus. The application was not opposed. The court found that the applicant is entitled to an order of mandamus compelling the respondents to settle the decree, costs, and interest as claimed.
Court Disposition
Application allowed. Order of mandamus granted as prayed. Costs to the applicant.
Orders
- An order of mandamus is issued compelling the respondents to settle the decree, costs, and interest in Tigania SOMCC No. E109 of 2021, now standing at Ksh. 4,708,225 and any future interest until full payment.
- Costs of this application are awarded to the applicant.
Full Case Text
Judgment text and source record
31 paragraphs
Republic v County Government of Meru & 4 others (Judicial Review E003 of 2024) [2025] KEHC 2732 (KLR) (27 February 2025) (Ruling)
Neutral citation: [2025] KEHC 2732 (KLR)
Republic of Kenya
In the High Court at Meru
Judicial Review E003 of 2024
HM Nyaga, J
February 27, 2025
Between
Republic
Applicant
and
County Government of Meru
1st Respondent
County Executive Committee Member (CECM) Finance, County Government of Meru
2nd Respondent
Cheif Officer Finance, County Government of Meru
3rd Respondent
Chief Officer, Legal Affairs, Public Service Management and Administration, County Government of Meru
4th Respondent
County Secretary, County Government of Meru
5th Respondent
Ruling
1. Before me is an application dated 7th March 2024 which seeks the following orders:-a.Thatthis Honorable court be pleased to issue an order of Mandamus compelling the respondent to settle the decree, costs and interest in Tigania SOMCC No. E109 of 2021, which now stands at Ksh. 4,708,225 and any future interest till full payment.b.That this Honorable court be pleased to issue such further relief or orders as it may deem fit and just to grantc.That the costs of this application be provided for.
2. The Application is supported by the applicant affidavit and statement of facts dated 7th March 2024.
3. In a nutshell, the applicant states that she is the personal representative of the estate of Timothy Kariithia Ncebere (deceased) who died in a road accident on 28th April 2020 along Maskarini-Ruiri road Meru county where the 1st respondent vehicle registration number EKA 664 R collided with the deceased motorcycle. That subsequently he filed a civil suit in Tigania SPMS court vide case file No. E109 of 2021 seeking general and special damages under the Fatal Accidents Act and the Law Reform Act.
4. The ex-parte applicant further avers that Judgement was entered in her favour for Ksh 4,165,000/- plus costs and interest. That costs were assessed at Ksh 210,025. That no appeal was filed against the lower courts judgement. That a certificate of order against the Government was issued but the decree has not been satisfied.
5. The Applicant further avers that she sought leave to file the present application vide High court J/C vide Application E002 of 2023, which leave was granted on 26th February 2024. The Application was not opposed.
6. I have perused the application, the statement of fact and the supporting affidavit. The requisite leave was duly obtained print to the Ruling of the application.
7. In the circumstances I allow the application as prayed.
8. Costs to the ex-parte applicant.
DATED, SIGNED & DELIVERED AT MERU THIS 27TH DAY OF FEBRUARY, 2025. H.M. NYAGAJUDGE