Meptax Consultium Limited v County Government of Kisumu & 3 others [2025] KEHC 6184 (KLR) | Judicial Review | Esheria

Meptax Consultium Limited v County Government of Kisumu & 3 others [2025] KEHC 6184 (KLR)

Full Case Text

Meptax Consultium Limited v County Government of Kisumu & 3 others (Judicial Review E025 of 2024) [2025] KEHC 6184 (KLR) (15 May 2025) (Ruling)

Neutral citation: [2025] KEHC 6184 (KLR)

Republic of Kenya

In the High Court at Kisumu

Judicial Review E025 of 2024

A Mabeya, J

May 15, 2025

Between

Meptax Consultium Limited

Applicant

and

County Government of Kisumu

1st Respondent

Board of Kisumu City

2nd Respondent

Chief Finance Officer County Government of Kisumu

3rd Respondent

County Executive Committee Member Finance

4th Respondent

Ruling

1. On 23/9/2024, the applicant was granted leave in KSM HCJR Misc. Application No. E013 of 2024 to apply for an order of Mandamus. Pursuant thereto, on 8/10/2024, the applicant lodged the substantive Motion for an order of Mandamus to compel the respondents to settle the decretal sum of Kshs.75,580,127/33 together with costs.

2. The basis of the Motion was that a decree for the said amount together with costs of Kshs.1,474,590/= and interest of 14% p.a from 8/10/2019 until payment had been passed against the respondents. Despite repeated requests, the same had not been settled.

3. The applicant produced the decree dated 22/2/2023 for Kshs.75,580,127/33, a Certificate of Costs for Kshs.1,474,590/= dated 16/4/2024 and Certificate of Order against government dated 23/4/2024. The application was served but was not responded to.

4. I have considered the Motion. The positive averments in the Supporting affidavit of Victor Onyango Ogutah sworn on 7/6/2024 have not been denied. In any event, there is enough evidence on record of the debt and the applicant has undergone through all the required procedures to warrant the order sought. There is nothing on record to bar the applicant from getting the reliefs it seeks.

5. Accordingly, the application dated 8/10/2024 is meritorious and the same is allowed as prayed.It is so ordered.

DATED AND DELIVERED AT KISUMU THIS 15TH DAY OF MAY, 2025. A. MABEYA, FCI ArbJUDGE