[2022] KEHC 14242 (KLR)

Source-derived case information.

Citation: [2022] KEHC 14242 (KLR)
Parties: Applicant: Republic; Respondent: County Secretary County Government of Kisumu; Respondent: County Executive Member for Finance County Government of Kisumu; Respondent: County Government of Kisumu
Court: High Court
Court Station: High Court at Kisumu
Jurisdiction: Kenya
Case Number: Judicial Review Application 12 of 2021
Procedural Posture: Judicial Review Application / Ruling on Leave to File Substantive Motion for Mandamus
Outcome: Leave granted to file substantive motion for judicial review orders of mandamus.
Judges: RE Aburili
Legal Topics: Judicial Review, Mandamus, Public Finance Management, Government Liability
Source Language: en

Administrative Law Civil Procedure Judicial Review Mandamus Public Finance Management Government Liability

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Summary, issues, holding and outcome

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Downloadable case file Legal principles 2 Authorities cited 4 Party arguments 2

Parties

Republic

Applicant

County Secretary County Government of Kisumu

Respondent

County Executive Member for Finance County Government of Kisumu

Respondent

County Government of Kisumu

Respondent

Procedural Posture

Judicial Review Application / Ruling on Leave to File Substantive Motion for Mandamus

Legal Issues

1 Whether the applicant is entitled to leave to file a substantive motion for judicial review orders of mandamus against the respondents.
2 Whether the respondents have failed to settle a decree and Certificate of Order against the Government for taxed costs.

Ratio Decidendi

The court found that the applicant had demonstrated the existence of a decree and Certificate of Order against the Government for taxed costs, which had been duly served on the respondents and remained unsettled. The respondents, despite being served with the application, failed to respond or contest the applicant's claims. The court was satisfied that the applicant had met the threshold for the grant of leave to file a substantive motion for judicial review orders of mandamus. The court therefore allowed the application and granted leave to the applicant to file and serve the main motion within 21 days, failing which the leave would lapse.

Court Disposition

Leave granted to file substantive motion for judicial review orders of mandamus.

Orders

Leave is granted to the applicant to file a substantive motion for judicial review orders of mandamus within 21 days.
The main motion shall be accompanied by a certified copy of this ruling and order.

Full Case Text

Judgment text and source record

26 paragraphs

Republic v County Secretary County Government of Kisumu & 2 others (Judicial Review Application 12 of 2021) [2022] KEHC 14242 (KLR) (22 September 2022) (Ruling)

Neutral citation: [2022] KEHC 14242 (KLR)

Republic of Kenya

In the High Court at Kisumu

Judicial Review Application 12 of 2021

RE Aburili, J

September 22, 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 5 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

Applicant

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 dated 1st December 2021, the Grounds thereof and the Supporting Affidavit and annextures thereto.

2. The Respondents were served with the application as shown by the Affidavit of Service filed herein but there is no response thereto. The applicant has demonstrated that there is a decree and Certificate of Order against the Government on the Taxed Costs issued and served upon the Respondents which decree has not been settled.

3. I am satisfied that the application is meritorious. I allow the application dated 1st December 2021 filed by way of Chamber Summons and grant leave to the applicant to file a substantive motion for Judicial Review Orders of Mandamus to compel the Respondents to settle decree against them in favour of the applicant.

4. The main motion shall be filed and served within 21 days of today in default, the leave granted lapses. The main motion shall be accompanied by a certified copy of this Ruling and order.

5. Costs shall be in the main motion. Orders accordingly.

6. This file is hereby closed.

DATED, SIGNED AND DELIVERED AT KISUMU THIS 22ND DAY OF SEPTEMBER 2022R. E. ABURILIJUDGE

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