[2024] KEHC 6600 (KLR)

[2024] KEHC 6600 (KLR)

The court found that the applicant had fully complied with the provisions of Section 21 of the Government Proceedings Act, which is a prerequisite for the issuance of an order of mandamus to compel payment by a government entity. The application was unopposed, and the court was satisfied that the applicant was...

Source-derived case information.

Citation
[2024] KEHC 6600 (KLR)
Parties
Applicant: Republic; Respondent: Executive Committee Member for Finance and Economic Planning, Kisumu County; Respondent: Chief Finance Officer, Kisumu County; Respondent: County Secretary Kisumu County; Respondent: County Attorney, Kisumu County
Court
High Court
Court Station
High Court at Kisumu
Jurisdiction
Kenya
Case Number
Judicial Review E003 of 2024
Procedural Posture
Judicial Review / Ruling on Notice of Motion
Outcome
application allowed
Judges
MS Shariff
Legal Topics
Judicial Review, Mandamus, Government Liability, Public Finance
Source Language
en
Administrative Law Judicial Review Mandamus Government Liability Public Finance

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Parties

Republic

Applicant

Executive Committee Member for Finance and Economic Planning, Kisumu County

Respondent

Chief Finance Officer, Kisumu County

Respondent

County Secretary Kisumu County

Respondent

County Attorney, Kisumu County

Respondent

Procedural Posture

Judicial Review / Ruling on Notice of Motion

Legal Issues

  1. 1 Whether the applicant is entitled to an order of mandamus to compel payment of a decretal sum by the respondents.
  2. 2 Whether there has been compliance with Section 21 of the Government Proceedings Act.

Ratio Decidendi

The court found that the applicant had fully complied with the provisions of Section 21 of the Government Proceedings Act, which is a prerequisite for the issuance of an order of mandamus to compel payment by a government entity. The application was unopposed, and the court was satisfied that the applicant was entitled to the relief sought. Accordingly, the court issued an order of mandamus compelling the respondents to pay the decretal sum as per the judgment and decree in Kisumu CMCC No. 226 of 2019, and awarded costs to the applicant.

Court Disposition

application allowed

Orders

  • An order of mandamus is issued against the respondents compelling them to pay the applicant Kshs.21,016,710.70 as per the judgment and decree in Kisumu CMCC No. 226 of 2019.
  • The applicant is awarded costs of the application assessed at Kshs.130,000.