Kerosi Ondieki & Co Advocates v Transmara County Council [2022] KEHC 14393 (KLR)

Kerosi Ondieki & Co Advocates v Transmara County Council (Miscellaneous Civil Application 96 of 2011) [2022] KEHC 14393 (KLR) (19 October 2022) (Ruling)

Neutral citation: [2022] KEHC 14393 (KLR)

Republic of Kenya

In the High Court at Kisumu

Miscellaneous Civil Application 96 of 2011

RE Aburili, J

October 19, 2022

Between

Kerosi Ondieki & Co Advocates

Applicant

and

Transmara County Council

Respondent

Ruling

1. As the court cannot conduct execution proceedings in this matter wherein counsel was awarded taxed costs between him and his client the County Government of Narok which is the Successor to the Transmara Town Council, which execution can only be done via Judicial Review proceedings as stipulated under section 21 of the Government Proceedings Act, I find that all applications filed herein for notice to show cause (NTSC) are premature and as counsel for the decree holder seeks withdrawal of the said application, the application dated April 18, 2016 is hereby marked as wholly withdrawn with no orders as to costs.

2. This file is hereby marked as closed.

3. I so order.

DATED, SIGNED AND DELIVERED AT KISUMU THIS 19TH DAY OF OCTOBER 2022R. E. ABURILIJUDGEPage 1 of 1