Desh General Traders Ltd v County Secretary, County Government of Siaya & County Government of Siaya [2020] KEHC 5689 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT SIAYA

MISC. CRIMINAL APPLICATION NO. 32 OF 2020

DESH GENERAL TRADERS LTD.....................................................................APPLICANT

VERSUS

COUNTY SECRETARY,COUNTY GOVERNMENT OF SIAYA......1ST RESPONDENT

COUNTY GOVERNMENT OF SIAYA..................................................2ND RESPONDENT

RULING

1. I have considered the application by the applicant under Certificate of Urgency. I certify it urgent as the time for execution of decree is about to lapse.

2. On the main application, I note that Decree is dated 8/6/2008.  The same is to lapse after 12 years.  I have considered the application for leave to institute Judicial Review proceedings for Mandamus.  There has been delay in bringing those proceedings.

3. Nonetheless, as decree is still executable, I grant leave to file Judicial Review orders of Mandamus against the Respondents.  The main motion shall be filed and served within 7 days of today.

4. Mention on 2/6/2020 to confirm compliance.

5. Orders accordingly.

Dated, signed and delivered at Siaya, this 22nd Day of May 2020.

R.E. ABURILI

JUDGE