https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/10956
Because the application had been duly served and none of the respondents filed a response, the court allowed the application and issued coercive enforcement orders against the 2nd, 3rd, and 4th respondents, including warrants of arrest and committal to civil jail for 30 days.
Source-derived case information.
- Citation
- [2026] KEHC 10956 (KLR)
- Parties
- Applicant: Stephen Saleka Njumwa; 1st Respondent: County Government of Taita Taveta; 2nd Respondent: County Officer of Finance Taita Taveta; 3rd Respondent: County Secretary Taita Taveta County; 4th Respondent: Chief Executive Officer Taita Taveta County Public Service Board
- Court
- High Court
- Jurisdiction
- Kenya
- Case Number
- Judicial Review Application E009 of 2025
- Procedural Posture
- Judicial Review Application for Mandamus / Ruling on Application
- Outcome
- Application allowed
- Judges
- ["A Mshila"]
- Legal Topics
- Mandamus, Non Response by Respondents, Service of Process, Committal to Civil Jail, Warrants of Arrest, Enforcement of Court Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Stephen Saleka Njumwa
Applicant
County Government of Taita Taveta
1st Respondent
County Officer of Finance Taita Taveta
2nd Respondent
County Secretary Taita Taveta County
3rd Respondent
Chief Executive Officer Taita Taveta County Public Service Board
4th Respondent
Procedural Posture
Judicial Review Application for Mandamus / Ruling on Application
Legal Issues
- 1 Whether the judicial review application should be allowed where it was duly served and no responses were filed.
- 2 Whether coercive enforcement orders, including warrants of arrest and committal to civil jail, should issue against the respondents.
Ratio Decidendi
Because the application had been duly served and none of the respondents filed a response, the court allowed the application and issued coercive enforcement orders against the 2nd, 3rd, and 4th respondents, including warrants of arrest and committal to civil jail for 30 days.
Court Disposition
Application allowed
Orders
- Warrants of arrest to issue to the 2nd, 3rd and 4th Respondents.
- Warrants of arrest to be effected by OCS Mwatate.
Full Case Text
Judgment text and source record
1 paragraphs
**REPUBLIC OF KENYA** **IN THE HIGH COURT OF KENYA** **AT VOI** **JUDICIAL REVIEW APPLICATION NO. E009 OF 2025** **IN THE MATTER OF APPLICATION BY STEPHEN SALEKA NJUMWA FOR JUDICIAL REVIEW ORDERS OF MANDAMUS** **AND** **IN THE MATTER OF ORDER 53 RULE 1, 2, 3 AND 4 OF THE CIVIL PROCEDURE RULES AND ALL ENABLING PROVISIONS OF LAWS OF KENYA** **AND** **IN THE MATTER OF THE FAIR ADMINISTRATIVE ACTION ACT (CAP 71( AND THE FAIR ADMINISTRATIVE ACTION RULES 2024** **AND** **IN THE MATTER OF SECTION 8 AND 9 OF THE LAW REFORM ACT, CAP 26 LAWS OF KENYA** **AND** **IN THE MATTER OF SECTION 21 OF THE LAW REFORM ACT, CAP 26 LAWS OF KENYA** **AND** **IN THE MATTER OF SECTION 21 OF GOVERNMENT PROCEEDING ACT CAP 40 LAWS OF KENYA** **AND** **IN THE MATTER OF ARTICLES 47 OF THE CONSTITUTION OF KENYA** **REPUBLIC OF KENYA.……………………………………..…..……APPLICANT** **=VERSUS=** **COUNTY GOVERNMENT OF TAITA TAVETA...………….. 1ST RESPONDENT** **COUNTY OFFICER OF FINANCE TAITA TAVETA……….2ND RESPONDENT** **THE COUNTY SECRETARY TAITA TAVETA COUNTY......3RD RESPONDENT** **THE CHIEF EXECUTIVE OFFICER TAITA TAVETA** **COUNTY PUBLIC SERVICE BOARD…………….…………..4TH RESPONDENT** **RULING** 1. Application allowed as it was duly served and no responses filed. 2. Warrant of arrests to issue to 2nd, 3rd and 4th Respondents. 3. Warrants of arrest be effected by OCS Mwatate. 4. Respondents be committed to civil jail for period of 30 days. 5. Applicant to meet expenses of upkeep. **Orders accordingly.** **Dated, signed and delivered via Teams this 20th day of July 2026 in open court at Voi High Court.** **A. MSHILA** **JUDGE** **In the presence of:-** **Court Assistant: Millicent/Trizah** **Wambura for the Applicant**