Ongeri v County Government of Nyamira [2025] KEELC 4761 (KLR)

Ongeri v County Government of Nyamira (Environment and Land Judicial Review Case E001 of 2025) [2025] KEELC 4761 (KLR) (19 March 2025) (Judgment)

Neutral citation: [2025] KEELC 4761 (KLR)

Republic of Kenya

In the Environment and Land Court at Nyamira

Environment and Land Judicial Review Case E001 of 2025

DO Ohungo, J

March 19, 2025

Between

Gesaka Ongeri

Applicant

and

The County Government of Nyamira

Respondent

Judgment

1. I have considered Notice of Motion dated 16th January 2025, the supporting affidavit and the material supplied at the leave stage.

2. The Notice of Motion is not opposed despite the Respondent being served. I note that judgment was delivered in favour of the Ex Parte Applicant in Nyamira ELC E038 of 2021 on 14th March 2024 for a total of KShs 1,050,000 (One Million Fifty Thousand) plus costs and interest. I have also perused the copy of Certificate of Order Against Government issued by the Deputy Registrar on 28th November 2024 where the total sum due is indicated as KShs 2,489,215/= (Two Million, Four Hundred Eighty Nine Thousand, Two Hundred Fifteen).

3. I grant an order of Mandamus compelling the Respondent to pay to the Ex Parte Applicant the sum of KShs 2,489,215/= as ordered in Nyamira ELC E038 of 2021. I also award the Ex Parte Applicant costs of these proceedings.

DATED, SIGNED, AND DELIVERED AT NYAMIRA THIS 19TH DAY OF MARCH 2025. SIGNED BY: HON. JUSTICE DALMAS OHUNGOTHE JUDICIARY OF KENYA.NYAMIRA ENVIRONMENT AND LAND COURT ENVIRONMENT AND LAND COURTDATE: 2025-03-19 11:53:38Doc IDENTITY: 3502484190262621558719161137 TrackingNumber:OO95TU2025