[2020] KEHC 2136 (KLR)
The court found that the respondent, the County Government of Trans-Nzoia, had failed to comply with the decree issued in Kitale CMCC No. 228 of 2017, which required payment of Kshs. 1,011,886 to the applicant. The respondent did not oppose the application or provide any justification for non-payment. The court held...
Source-derived case information.
- Citation
- [2020] KEHC 2136 (KLR)
- Parties
- Applicant: Wabros Contractors Limited; Respondent: County Government of Trans-Nzoia
- Court
- High Court
- Court Station
- High Court at Kitale
- Jurisdiction
- Kenya
- Case Number
- Judicial Review Application 2 of 2020
- Procedural Posture
- Judicial Review Application / Judgment
- Outcome
- application allowed
- Judges
- HK Chemitei
- Legal Topics
- Judicial Review, Mandamus Orders, Enforcement of Decrees
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Wabros Contractors Limited
Applicant
County Government of Trans-Nzoia
Respondent
Procedural Posture
Judicial Review Application / Judgment
Legal Issues
- 1 Whether an order of mandamus should issue to compel the respondent to pay the decretal sum as per the lower court's decree.
- 2 Whether the respondent has failed to comply with the judgment and decree of the lower court.
Ratio Decidendi
The court found that the respondent, the County Government of Trans-Nzoia, had failed to comply with the decree issued in Kitale CMCC No. 228 of 2017, which required payment of Kshs. 1,011,886 to the applicant. The respondent did not oppose the application or provide any justification for non-payment. The court held that the applicant had met the threshold for the grant of an order of mandamus, as the respondent had a statutory duty to satisfy the decree. The court therefore allowed the application and issued an order of mandamus compelling the respondent to pay the decretal sum, with costs to the applicant.
Court Disposition
application allowed
Orders
- An order of mandamus is issued compelling the County Secretary, Chief Officer Public Works, and CECM Finance, County Government of Trans-Nzoia to pay the applicant Kshs. 1,011,886 as per the decree in Kitale CMCC No. 228 of 2017.
- The respondent shall pay the costs of this application to the applicant.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT KITALE
JUDICIAL REVIEW APPLICATION NO. 2 OF 2020
WABROS CONTRACTORS LIMITED...............................APPLICANT
VERSES
THE COUNTY GOVERNMENT OF TRANS-NZOIA....RESPONDENT
JUDGEMENT
1. In its Notice of Motion dated 21st February 2020 ,the Applicant after obtaining the leave of this court has thereafter filed the above application praying that “ an order of mandamus directed at the County Secretary , the Chief Officer public works and the CECEM finance, County Government of Trans-Nzoia to compel the said County Secretary , the Chief Officer Public Works and the CECM Finance, County Government of Trans-Nzoia to pay the Applicant herein the sum of Kshs. 1,011, 886 being the decretal amount accrued interest and the costs of the suit as at 7th July 2019 as per the decree issued by the court in Kitale CMCC No. 228 of 2017 Wabros Contractors Limited Vs. The County Government of Trans-Nzoia.”
2. The Applicant prayed for the costs of the application.
3. The application is supported by the sworn affidavit of one STEPHEN WABUKE, the managing director of the company. He has attached the decree of the lower court case as well as the plaint and other supporting documents.
4. The application was not opposed. It is evident from the attached decree that the respondent owes the applicant the sum stated in the decree. Despite being served the Respondent choose not to respond.
5. This court finds merit in the application especially the fact that the lower court’s judgement and decree has been ignored by the Respondent.
6. The application is hereby allowed as prayed with costs to the applicant,
Dated, Signed and Delivered at Kitale this 28th day of October 2020.
___________________
H. K. CHEMITEI
JUDGE
28/10/2020