Republic v County Assembly of Trans Nzoia & Clerk, County Assembly of Trans Nzoia Ex parte Nixon Sifuna p/a Sifuna & Sifuna Advocates [2017] KEHC 4123 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT KITALE

MISC . CIVIL APPLICATION NO. 15 OF 2017

IN THE MATTER OF AN APPLICATION BY NIXON SIFUNAP/A

SIFUNA & SIFUNA ADVOCATES FOR AN ORDER OF MANDAMUS

AND

IN THE MATTER OF ORDER 53 OF THE CIVIL PROCEDURE RULES 2010

AND

IN THE MATTER OF SECTION 8 & 9 OF THE LAW REFORM ACT 26 LAWS OF  KENYA

REPUBLIC.....................................................................................APPLICANT

VERSUS

COUNTY ASSEMBLY OF TRANS NZOIA......................1ST RESPONDENT

CLERK, COUNTY ASSEMBLY OF TRANS NZOIA.......2ND RESPODNENT

(EX-PARTE..PROF. NIXON SIFUNA P/A SIFUNA & SIFUNA ADVOCATES)

R U L I N G

1.  I have read the application dated 12th June 2017 together with the respective  supporting affidavit's  for the   writ of   mandamus.  I have also read the response by the respondents.  In short and as demonstrated by the submissions by the applicant the order sought in line with the provisions of Order 53(1) of the Civil Procedure Rules and Section 8  and 9 of the Law Reform Act Cap 26 is exparte in nature.

2.  The application dated 12th June 2017 is therefore allowed.  The costs shall abide the  substantive application.

3.  All is not lost as the issues raised by the respondent shall be ventilated later.

Delivered this   19th  day of   July,  2017.

____________

H.K. CHEMITEI

JUDGE

In the presence of;

Sitati holding brief for Sifuna for the Applicant

Khisa  holding brief for Ngeiywa for the Respondent

Silvia – Court Assistant

_________________

H.K. CHEMITEI

JUDGE

19/7/2017