[2022] KEHC 14219 (KLR)
The court found that the application for mandamus was incompetent and premature because the applicant failed to attach evidence of leave granted or an order for leave to the supporting affidavit. The absence of this mandatory procedural step rendered the application fatally defective. The court, therefore, struck...
Source-derived case information.
- Citation
- [2022] KEHC 14219 (KLR)
- Parties
- Appellant: Republic; Respondent: County Secretary County Government of Kisumu; Respondent: County Executive Member for Finance County Government of Kisumu; Respondent: County Government of Kisumu; Applicant: Otieno, Ragot & Co Advocates
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Judicial Review 9 of 2021
- Procedural Posture
- Judicial Review / Ruling on Application for Mandamus
- Outcome
- Application struck out as incompetent and premature; file closed.
- Judges
- RE Aburili
- Legal Topics
- Judicial Review, Mandamus, Public Finance Management, Leave to Apply, County Government Liability
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Appellant
County Secretary County Government of Kisumu
Respondent
County Executive Member for Finance County Government of Kisumu
Respondent
County Government of Kisumu
Respondent
Otieno, Ragot & Co Advocates
Applicant
Procedural Posture
Judicial Review / Ruling on Application for Mandamus
Legal Issues
- 1 Whether the application for mandamus was competent in the absence of leave granted by the court.
- 2 Whether the supporting affidavit attached the requisite order for leave.
Ratio Decidendi
The court found that the application for mandamus was incompetent and premature because the applicant failed to attach evidence of leave granted or an order for leave to the supporting affidavit. The absence of this mandatory procedural step rendered the application fatally defective. The court, therefore, struck out the application and closed the file, emphasizing the necessity of complying with procedural requirements in judicial review proceedings.
Court Disposition
Application struck out as incompetent and premature; file closed.
Orders
- The application for mandamus is struck out.
- The file is closed.
Full Case Text
Judgment text and source record
22 paragraphs
Republic v County Secretary County Government of Kisumu & 2 others (Judicial Review 9 of 2021) [2022] KEHC 14219 (KLR) (21 October 2022) (Ruling)
Neutral citation: [2022] KEHC 14219 (KLR)
Republic of Kenya
In the High Court at Kisumu
Judicial Review 9 of 2021
RE Aburili, J
October 21, 2022
IN THE MATTER OF AN APPLICATION BY OTIENO, RAGOT & CO ADVOCATES AND IN THE MATTER OF AN APPLICATION FOR JUDICIAL REVIEW BY WAY OF MANDAMUS PURSUANT TO LEAVE GRANTED IN KISUMU HC MISC APPLICATION NO 124 OF 2021 AND IN THE MATTER OF SECTIONS 2, 103, 147 & 148 OF THE PUBLIC FINANCE MANAGEMENT ACT, 2012 AND IN THE MATTER OF SECTION 44 & 45 OF THE COUNTY GOVERNMENTS ACT, 2012 AND IN THE MATTER OF GOVERNMENT PROCEEDINGS ACT, CAHPTER 40, LAWS OF KENYA AND IN THE MATTER OF ARTICLES 10, 23 & 41 OF THE CONSTITUTION OF KENYA
Between
Republic
Appellant
and
County Secretary County Government of Kisumu
1st Respondent
County Executive Member for Finance County Government of Kisumu
2nd Respondent
County Government of Kisumu
3rd Respondent
Ruling
1. I have considered the application as argued by Mr Okoth, advocate. I observe that there is no leave granted or order for leave attached to the affidavit in support of the application for mandamus.
2. The application for mandamus is found to be incompetent and premature. It is hereby struck out and this file is closed.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 21ST DAY OF SEPTEMBER 2022R E ABURILIJUDGE