Ngenga v County Executive Committee Member, Finance and Economic Planning, Nairobi County Government & another [2025] KEHC 868 (KLR)

Ngenga v County Executive Committee Member, Finance and Economic Planning, Nairobi County Government & another (Judicial Review Application E014 of 2023) [2025] KEHC 868 (KLR) (Judicial Review) (3 February 2025) (Ruling)

Neutral citation: [2025] KEHC 868 (KLR)

Republic of Kenya

In the High Court at Nairobi (Milimani Law Courts)

Judicial Review

Judicial Review Application E014 of 2023

RE Aburili, J

February 3, 2025

Between

Kennedy Wainaina Ngenga

Applicant

and

The County Executive Committee Member, Finance and Economic Planning, Nairobi County Government

1st Respondent

Chief Officer, Finance Nairobi County Government

2nd Respondent

Ruling

1. The judgment on mandamus was delivered on 27/3/2023.

2. On 27/6/2024, directions on the disposal of the application dated 25/6/2024 were issued.

3. On 8/10/2024, the file was before Chigiti SC J who directed the matter to be mentioned before Justice Ngaah for further directions and as the Judge was not sitting on the latter date, the mention was fixed for today.

4. It is common knowledge that Ngaah J was on transfer and therefore the Respondents could not have been waiting, from June 2024 todate, to see Justice Ngaah presiding over this matter, in order to file responses and or submissions.

5. No reasons have been advanced for the non-filing of the response and or submissions. The delay is inordinate and not explained.

6. I decline to mention this matter anymore. I further decline to grant any more time to file any response or submissions as nothing prevented the Respondents from filing the responses or submissions, which were not personal to the Judge. Ruling on contempt application shall be on 31/3/2025.

7. The applicant to send submissions filed to annextures@ gmail.com.

DATED, SIGNED AND DELIVERED AT NAIROBI THIS 3RD DAY OF FEBRUARY, 2025R.E. ABURILIJUDGE