Otieno, Ragot & Company Advocates v County Government of Kisumu [2023] KEHC 23173 (KLR)

Otieno, Ragot & Company Advocates v County Government of Kisumu (Judicial Review E020 of 2023) [2023] KEHC 23173 (KLR) (4 October 2023) (Ruling)

Neutral citation: [2023] KEHC 23173 (KLR)

Republic of Kenya

In the High Court at Kisumu

Judicial Review E020 of 2023

RE Aburili, J

October 4, 2023

Between

Otieno, Ragot & Company Advocates

Applicant

and

County Government Of Kisumu

Respondent

Ruling

1. The application dated April 6, 2023 as supported by the affidavit of David Otieno Advocate seeks leave of court to apply for Judicial Review orders of Mandamus directed at CEC Finance, County Government of Kisumu to pay to the Applicant Kshs.342,490. 30 with interest at 14% p.a from February 27, 2017 being decree and certified costs in Kisumu HC Misc. No. E107 of 2021.

2. The application is not opposed. The applicant has satisfied the court that there exists a decree, certificate of costs and certificate of order against the Government which are duly signed and sealed by the Deputy Registrar of this court and served on the Respondent judgment debtor vide letter dated February 13, 2023, pursuant to order 29 rule 3 of the Civil Procedure Rulesand section 21 of the Government Proceedings Act.

3. Accordingly, I hereby grant the prayer No. 1 sought in the application dated April 6, 2023.

4. The substantive notice of motion to be filed within 21 days of today.

5. Costs shall be in the main application to be filed in a fresh file.

6. This file is closed.

7. I so order.

DATED, SIGNED AND DELIVERED AT KISUMU THIS 4THDAY OF OCTOBER, 2023R.E. ABURILIJUDGE