[2019] KEHC 3353 (KLR)
The court found that the applicant's application for an order of mandamus was technically unopposed, as the respondents did not file any affidavit to challenge the existence of the decree or the applicant's entitlement to payment. The only opposition was on technical grounds, which the court found unpersuasive. The...
Source-derived case information.
- Citation
- [2019] KEHC 3353 (KLR)
- Parties
- Applicant: Mwamba Valuers Ltd; Respondent: County Government of Trans Nzoia; Respondent: Trans Nzoia County Executive Committee Member of Finance; Respondent: Hon. Attorney General
- Court
- High Court
- Court Station
- High Court at Kitale
- Jurisdiction
- Kenya
- Case Number
- Judicial Review Application 2 of 2018
- Procedural Posture
- Judicial Review Application / Ruling on Application for Order of Mandamus
- Outcome
- application allowed
- Legal Topics
- Judicial Review, Mandamus Orders, 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
Mwamba Valuers Ltd
Applicant
County Government of Trans Nzoia
Respondent
Trans Nzoia County Executive Committee Member of Finance
Respondent
Hon. Attorney General
Respondent
Procedural Posture
Judicial Review Application / Ruling on Application for Order of Mandamus
Legal Issues
- 1 Whether the applicant is entitled to an order of mandamus to compel the respondents to satisfy the decree in Kitale CMCCC No. 217 of 2017.
- 2 Whether the application is defective or an abuse of the court process.
Ratio Decidendi
The court found that the applicant's application for an order of mandamus was technically unopposed, as the respondents did not file any affidavit to challenge the existence of the decree or the applicant's entitlement to payment. The only opposition was on technical grounds, which the court found unpersuasive. The court held that where a decree exists against a public body and is not satisfied, and there is no substantive opposition to the application, an order of mandamus is warranted to compel satisfaction of the decree. The application was therefore allowed with costs to the applicant.
Court Disposition
application allowed
Orders
- An order of mandamus is issued compelling the respondents to satisfy the decree in Kitale CMCCC No. 217 of 2017 amounting to Kshs. 5,114,065.
- The respondents shall pay the costs of this application to the applicant.
Full Case Text
Judgment text and source record
25 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KITALE
JUDICIAL REVIEW APPLICATION NO. 2 OF 2018.
IN THE MATTER OF AN APPLICATION BY MWAMBA VALUERS LTD FOR THE ORDERS OF MANDAMUS
BETWEEN
REPUBLIC....................................................................................................APPLICANT
VERSES
THE COUNTY GOVERNMENT OF TRANS NZOIA.................1ST RESPONDENT
TRANS NZOIA COUNTY EXECUTIVE COMMITTEE
MEMBER OF FINANCE...............................................................2ND RESPONDENT
THE HON. ATTORNEY GENERAL............................................3RD RESPONDENT
RULING
1. The application dated 10th December, 2018 by the Applicant prays for the Judicial Review order of Mandamus to compel the Respondents satisfy the decree as contained in the Kitale CMCCC No. 217 of 2017 amounting to Kshs. 5,114,065. The application is supported by the affidavit of Boniface K.W. Muse, the statement thereof as well as other annexures.
2. Save that the 1st and 2nd Respondent filed some grounds of opposition dated 2nd April 2019, in which it’s alleged that the application is defective and an abuse of the court process, there was no reply to the Applicants’ affidavit. In essence therefore it is not challenged that there exist a decree against the Respondent.
3. In the premises I do not find anything to conclude that the application is frivolous and abuse of court process as alleged by the Respondent. The application is technically unopposed and the same is allowed with costs to the Applicant.
Dated, signed and delivered in open court at Kitale this 26th day of June 2019.
_________________
H K CHEMITEI
JUDGE.
26/6/19
In the presence of:-
Nyakundi for the Applciant
Karani for Respodnent
Court Assistant – Kirong
Ruling read in open open