Fastec Suppliers Ltd v County Government of Bungoma & another [2022] KEHC 15792 (KLR) | Judicial Review Leave | Esheria

Fastec Suppliers Ltd v County Government of Bungoma & another [2022] KEHC 15792 (KLR)

Full Case Text

Fastec Suppliers Ltd v County Government of Bungoma & another (Judicial Review E009 of 2022) [2022] KEHC 15792 (KLR) (1 November 2022) (Ruling)

Neutral citation: [2022] KEHC 15792 (KLR)

Republic of Kenya

In the High Court at Bungoma

Judicial Review E009 of 2022

REA Ougo, J

November 1, 2022

Between

Fastec Suppliers Ltd

Applicant

and

County Government of Bungoma & another

Respondent

Ruling

1. I have heard the submissions on the application on the issue of grant of leave as sought in the application dated October 7, 2022. The applicant has stated the reasons why it seeks the said leave. Its due to a decision made by the 2nd respondent which they were informed of by the 1st respondent. I will give the applicant a chance to ventilate its case. I therefore grant the following orders.1. The applicant is granted leave to apply for an order of certiorari to remove into this court to quash the decision of the 2nd respondent cautioning the 1st respondent to make payments to the applicants.2. I also grant the applicant leave to apply for mode of mandamus to compel the 1st respondent remit the payments due to the applicant.3. The applicant shall file a notice of motion within 21 days from the date of this ruling.4. The notice of motion to be served on the respondents by the applicant once it is filed.5. Upon service the respondents shall file their responses within 7 days from the date of service.6. The applicant is at liberty to respond if need be the respondents replies within 7 days from date of service.7. The application filed within the next 21 days shall be heard on the December 5, 2022.

R.OUGOJUDGE1. 11. 2022Before Ougo JWilkister – Court AssistantMr. Wangila for the applicantRespondents – absent.Court: Ruling read online via Microsoft Teams at Bungoma.R.OUGOJUDGE1. 11. 2022