Kaino & another v County Government of Uasin Gishu [2025] KEHC 10256 (KLR)

Kaino & another v County Government of Uasin Gishu (Miscellaneous Judicial Review E013 of 2025) [2025] KEHC 10256 (KLR) (16 July 2025) (Ruling)

Neutral citation: [2025] KEHC 10256 (KLR)

Republic of Kenya

In the High Court at Eldoret

Miscellaneous Judicial Review E013 of 2025

RN Nyakundi, J

July 16, 2025

Between

James Kipkorir Kaino

1st Applicant

Francis Kipruto Barkoiyes

2nd Applicant

and

The County Government of Uasin Gishu

Respondent

Ruling

1. What is pending before this Court for determination are Ex-parte Chamber Summons dated 24th June 2025 where the Applicants are seeking the following orders:a.Spentb.That this honorable court be pleased to extend time for filing of these judicial review proceedings for an order of mandamus beyond the statutory time of six monthsc.That this honorable court be pleased to grant leave to the ex parte applicants to apply for judicial review for an order of mandamusd.The costs of this application be borne by the Respondents.

2. The Application is grounded upon the matters set out in the Statutory Statement and Affidavit of James Kipkorir Kaino who avers as follows:a.That I have the authority of the 2nd Applicant herein to plead and depone, hence competent to swear this affidavit.b.That we sued Chebororwa ATC and the Honorable Attorney General for defamation and obtained judgment in our favor.c.That through our advocates, we served the 1st Respondent with a copy of the decree and certificate of costs for satisfaction.d.That instead of making the necessary payments, the 1st Respondent filed an application to stay execution of the decree and later failed to prosecute the same. The application was later dismissed for want of prosecution.e.That the respondent being a government body, we instructed our advocates on record to write to them to pay, so as to avoid further costs. After receiving the letter, the Respondent has been evasive, necessitating these proceedings.f.That the delay to bring these proceedings for an order of mandamus have been occasioned by the application made by the Respondent, and further their failure to honor correspondences by our advocates for the Respondent to pay.g.That this application has been brought timely without unreasonable delay.h.That we have a right in law to enjoy the fruits of our judgment, which being against a government body, leave to initiate judicial review proceedings is necessary.i.That I swear this affidavit in support of the application for extension of time and for leave to apply for judicial review orders of mandamus; and to verify the correctness of the facts relied upon and the grounds and other matters set out in the Statutory Statement lodged herewith.

Decision 3. On consideration of the Ex Parte Chamber Summons dated 24th June 2025, leave be and is hereby granted from this court for the Applicants to file a substantive motion within 10 days from todays’ date which was on 7th July 2025.

4. The substantive motion be served and be heard on 21st of July 2025.

5. That the applicant be here at liberty to seek the prerogative writ of mandamus.

6. It is so ordered

GIVEN UNDER MY HAND AND SEAL OF THIS COURT ON THIS 16TH JULY 2025……………………………R. NYAKUNDIJUDGE