IN RE THE MATTER OF CYRUS IRUNGU GACHOGU [2011] KEHC 78 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT EMBU

Judicial Review 68 of 2011

(IN THE MATTER OF SATISFACTION OF DECREE IN WANG’URU SENIOR RESIDENT MAGISTRATE CIVIL CASE NO. 24. OF 2010)

CYRUS IRUNGU GACHOGU……………………………………………………………..APPLICANT

R U L I N G

This is the Exparte Chamber Summons dated 14/10/2011. The Exparte Applicant is seeking leave to file an application for an order of Mandamus to compel the Permanent Secretary Office of the President to satisfy the decree in Wang’uru Senior Resident Magistrate’s court Civil Case No. 24 of 2010. The Application is supported by a verifying affidavit, statement of facts, plus a copy of the Judgment. The offices of the Attorney General and the Permanent Secretary Office of the President were served but there was no appearance.

The conclusion is that they did not see the need to attend court. I therefore find that the Applicant’s documents are in order. I grant leave to apply for Judicial Review as prayed. The substantive motion to be filed and served within 21 days.

DELIVERED, DATED AND SIGNED IN OPEN COURT AT EMBU THIS 2ND DAY OF NOVEMBER 2011.

H. I. ONG’UDI

JUDGE