Republic v Baringo County Government & 2 others [2025] KEHC 1442 (KLR)

Republic v Baringo County Government & 2 others (Judicial Review Miscellaneous Application 687 of 2017) [2025] KEHC 1442 (KLR) (Judicial Review) (17 February 2025) (Ruling)

Neutral citation: [2025] KEHC 1442 (KLR)

Republic of Kenya

In the High Court at Nairobi (Milimani Law Courts)

Judicial Review

Judicial Review Miscellaneous Application 687 of 2017

RE Aburili, J

February 17, 2025

Between

Republic

Applicant

and

Baringo County Government

1st Respondent

The County Secretary, Baringo County

2nd Respondent

Chief Offier, Finance/County Treasurer, Baringo County

3rd Respondent

Ruling

1. It is not in dispute that this is an extremely old matter, of 2017. It is also not in dispute that mandamus orders were issued on 28/1/2022 and the court ordered for taking of account; between the parties.

2. It is also not in dispute that the applicant filed and served a statement of accounts dated 5/7/2024 and the Respondent has to date not filed any accounts since July 2024. The Respondent’s Counsel seeks 30 days to comply on account of previous lack of communication from their client and the fact of the Respondent’s Counsel being unwell for 4 months. The applicant’s Counsel is opposed to the extension of time and seeks that a hearing date be fixed since it has taken long for the Respondent to file any response.

3. Having considered the position taken by both parties, I find that the order that commends itself in the interest of justice is to grant the Respondent 10 days to today to file and serve a reply to the chamber summons dated 5/7/2024 upon which the applicant will have 5 days of the date of service to file and serve a further affidavit if need arises and in default of the Respondent complying there shall be no more enlargement of time.

4. As the application dated 5/7/2024 has been pending for long, it shall be heard on 5/3/2025 orally.

DATED, SIGNED AND DELIVERED AT NAIROBI THIS 17TH DAY OF FEBRUARY, 2025R.E. ABURILIJUDGE