[2024] KEHC 8522 (KLR)
The court found that the applicant had established a clear legal right to the payment of the decretal sum and certified costs as ordered in Kisumu High Court Miscellaneous Application No. 320 of 2015. The respondent, being the County Executive Member for Finance, was under a statutory duty to satisfy the decree. The...
Source-derived case information.
- Citation
- [2024] KEHC 8522 (KLR)
- Parties
- Applicant: Republic; Respondent: County Member for Finance County Government Of Kisumu
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Judicial Review E39 of 2023
- Procedural Posture
- Judicial Review / Ruling on Notice of Motion
- Outcome
- application allowed
- Judges
- MS Shariff
- Legal Topics
- Judicial Review Remedies, Mandamus, Public Officer Liability, Enforcement of Decrees
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
County Member for Finance County Government Of Kisumu
Respondent
Procedural Posture
Judicial Review / Ruling on Notice of Motion
Legal Issues
- 1 Whether an order of mandamus should issue to compel the County Executive Member for Finance, County Government of Kisumu, to pay the applicant the decretal sum and costs as per a prior court order.
- 2 Whether the applicant is entitled to interest and costs of the application.
Ratio Decidendi
The court found that the applicant had established a clear legal right to the payment of the decretal sum and certified costs as ordered in Kisumu High Court Miscellaneous Application No. 320 of 2015. The respondent, being the County Executive Member for Finance, was under a statutory duty to satisfy the decree. The application was unopposed and conceded to by the respondent's counsel. Accordingly, the court issued an order of mandamus compelling payment of the sum of Kshs.266,035 plus interest at 14% per annum from 17th December 2015 until payment in full, and awarded the applicant costs of the application assessed at Kshs.60,000.
Court Disposition
application allowed
Orders
- An order of mandamus is issued against the County Executive Member for Finance, County Government of Kisumu to pay the applicant Kshs.266,035 plus interest at 14% per annum from 17th December 2015 until payment in full.
- The applicant is awarded costs of the application assessed at Kshs.60,000.
Full Case Text
Judgment text and source record
16 paragraphs
Republic v County Member for Finance County Government of Kisumu (Judicial Review E39 of 2023) [2024] KEHC 8522 (KLR) (10 July 2024) (Ruling)
Neutral citation: [2024] KEHC 8522 (KLR)
Republic of Kenya
In the High Court at Kisumu
Judicial Review E39 of 2023
MS Shariff, J
July 10, 2024
Between
Republic
Applicant
and
The County Member for Finance County Government Of Kisumu
Respondent
Ruling
1. I have considered the Applicant’s notice of motion dated 9. 4.2024, the supporting affidavit sworn by Jael A. Onyango on even date and the annexures thereto. I have also considered the oral submissions of the party and I note that the application is unopposed and has even been conceded to by Ms. Odhiambo Counsel for the Respondent and I therefore allow the it and make the following orders:-1. An order of mandamus be and is hereby issued against the County Executive Member for Finance, County Government of Kisumu the Respondent herein to pay the Applicant the sum of Kshs.266,035 plus interest at the rate of 14% per annum from 17th December 2015 until payment in full, the said sum being the decree and certified costs in Kisumu High Court Miscellaneous Application No. 320 of 2015: Otieno Ragot & Co. Advocates -vs- The County Government of Kisumu.2. The Applicant is awarded costs of this application which are assessed at Kshs.60,000. 3.This file is marked as closed.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 10THDAY OF JULY, 2024. M. S. SHARIFFJUDGE