https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/10815

**REPUBLIC OF KENYA** **IN THE HIGH COURT OF KENYA AT VOI** **JUDICIAL REVIEW N0.E016 OF 2022** **IN THE MATTER OF: AN APPLICATION FOR JUDICIAL REVIEW ORDERS FOR CERTIORARI AND PROHIBITION** **AND** **IN THE MATTER OF THE JUDGMENT AND DECREE ISSUED IN VOI CHIEF MAGISTRATES CIVIL CASE NO.E208 OF 2025** **AND** **IN THE MATTER OF ARTICLE 53(1)(B) OF CONSTITUTION** **AND** **IN THE MATTER OF SECTIONS 41(1) AND 53 OF THE BASIC EDUCATION ACT CAP 211** **BETWEEN** **THE SUB-COUNTY DIRECTOR OF EDUCATION VOI SUB COUNTY………….……………..………….……………. 1ST APPLICANT** **THE ATTORNEY GENERAL…………………………..2ND APPLICANT** **VS** **CALISTER MWADIME** **T/A HELISTER FRONTIERS …………………….1ST RESPONDENT** **TROPHY AUCTIONEERS………..………….…….2ND RESPONDENT** **RULING** **BACKGROUND** 1. The Applicant filed the application under a Certificate of Urgency and Notice of Motion on the 8th July, 2026 premised under the provisions of Articles 43(f), 47 and 53(1)(b), 53(2) of the Constitution, Section 7,8 and 9 of the Fair Administrative Action Act, 2015; Section 21 of the Government Proceedings Act; Section 3, 3A and 1A of the Civil Procedure Act; Order 51 Rule 1 of the Civil Procedure Rules; Section 41(1)and 53 of the Basic Education Act, 2013 and all other enabling provisions of the law. 2. The Applicant sought an order for stay of execution as there was an imminent threat of execution and enforcement of the decree dated the 13th May, 2026 and judgment delivered in Voi Chief Magistrates Civil Case No.E208 of 2023; and stay of warrants of attachment dated 3rd June, 2026 and the warrants of sale dated dated 3rd June, 2026 against the assets of Voi Boys High School. 3. The Applicant also sought for Orders of Certiorari and Prohibition to set aside and quash the warrants of attachment dated 3rd June and the warrants of sale dated 3rd June, 2026 and subsequent proclamation of sale by Trophy Auctioneers. 4. The Applicant also prayed that the costs of the application be borne by the Respondents. 5. At the inter-partes hearing of the application the Respondents stated that they were not opposing the application and that it be allowed provided that there would be no order as to costs. 6. This Court notes that the warrants for execution, warrants of sale and the proclamation on government assets are not the mechanisms for execution as prescribed by the Government Proceedings Act and highly commends the Respondents for having conceded to the application and for having saved on judicial time; **FINDINGS AND DETERMINATION** 1. For the reasons stated above this court makes the following findings; 2. This court finds that the Applicants application for the grant of the orders of Certiorari and Prohibition is merited. 3. An Order of Certiorari be and is hereby issued to bring before this court for the purposes of quashing the warrants of attachment dated 3rd June and the warrants of sale dated 3rd June, 2026 and the proclamation of sale by Trophy Auctioneers 4. An order of Prohibition be and is hereby issued directed to the Respondents prohibiting the utilization of the warrants of attachment dated 3rd June and the warrants of sale dated 3rd June, 2026 and the Proclamation of Sale by Trophy Auctioneers. 5. Each party shall bear their own costs. **IT IS SO ORDERED.** **DATED, SIGNED AND DELIVERED VIA TEAMS AT VOI THIS 16TH DAY JULY, 2026.** 1. **MSHILA** **JUDGE** **In the presence of;** Millicent – C/A Penda – for the Attorney General and the 1st Applicant Kertiony – for the Respondents