[2024] KEHC 10796 (KLR)

[2024] KEHC 10796 (KLR)

The court found that the applicant had established entitlement to an order of mandamus compelling the respondents to pay the decretal sum and interest as per the decree and certified costs in Kisumu HC Misc. Civil App. No. E105 of 2022. The respondents, through counsel, conceded to the application, and there was no...

Source-derived case information.

Citation
[2024] KEHC 10796 (KLR)
Parties
Applicant: Republic; Respondent: The Executive Member for Finance, County Government of Kisumu; Respondent: The County Government of Kisumu; Respondent: The County Secretary, Kisumu County; Applicant: Otieno, Ragot & Co. Advocates
Court
High Court
Court Station
High Court at Kisumu
Jurisdiction
Kenya
Case Number
Judicial Review E001 of 2024
Procedural Posture
Judicial Review / Ruling on Notice of Motion for Mandamus
Outcome
Application allowed as prayed; order of mandamus issued; each party to bear own costs; file closed.
Judges
MS Shariff
Legal Topics
Judicial Review Mandamus, Public Body Liability, Enforcement of Decrees
Source Language
en
Administrative Law Civil Procedure Judicial Review Mandamus Public Body Liability Enforcement of Decrees

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Parties

Republic

Applicant

The Executive Member for Finance, County Government of Kisumu

Respondent

The County Government of Kisumu

Respondent

The County Secretary, Kisumu County

Respondent

Otieno, Ragot & Co. Advocates

Applicant

Procedural Posture

Judicial Review / Ruling on Notice of Motion for Mandamus

Legal Issues

  1. 1 Whether the applicant is entitled to an order of mandamus compelling the respondents to pay the decretal sum and interest as per the decree and certified costs.
  2. 2 Whether the respondents have conceded to the application and the effect of such concession on costs.

Ratio Decidendi

The court found that the applicant had established entitlement to an order of mandamus compelling the respondents to pay the decretal sum and interest as per the decree and certified costs in Kisumu HC Misc. Civil App. No. E105 of 2022. The respondents, through counsel, conceded to the application, and there was no contest on the merits. The court therefore allowed the application as prayed, issuing an order of mandamus against the respondents. On the issue of costs, the court noted the concession and ordered that each party bear its own costs. The file was marked as closed.

Court Disposition

Application allowed as prayed; order of mandamus issued; each party to bear own costs; file closed.

Orders

  • An order of judicial review by way of mandamus is hereby issued against the respondents directing them to pay the applicant a sum of Kshs. 165,517.12 plus interest at the rate of 14% per annum from 22.11.2021 in accordance with the decree and certified costs in Kisumu HC Misc. Civil App. No. E105 of 2022.
  • Each party shall bear its own costs.