Republic v County Government of Trans Nzoia, Trans Nzoia County Executive Committee Member, Finance & Attorney General Ex Parte Manaseh Distributors and Wholesalers Ltd [2019] KEHC 3370 (KLR)
Full Case Text
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KITALE
MISC. CIVIL APPLICATION NO. 55 OF 2018
IN THE MATTER OF AN APPLICATION BY MANASEH
DISTRIBUTORSAND WHOLESALERS LTD FOR AN ORDER OF MANDAMUS
BETWEEN
REPUBLIC......................................................................................................................APPLICANT
VERSES
COUNTY GOVERNMENT OF TRANS NZOIA............................................1ST RESPONDENT
TRANS NZOIA COUNTY EXECUTIVE
COMMITTEE MEMBER, FINANCE.............................................................2ND RESPONDENT
THE HON ATTORNEY GENERAL...............................................................3RD RESPONDENT
EXPARTE: MANASEH DISTRIBUTORS AND WHOLESALERS LTD.
RULING
1. By its application dated 2nd November, 2018, the Applicant prayed for the writ of mandamus to issue so as to compel the Respondent to settle the sum of Kshs. 14,146,601 together with accrued interest as contained in the decree in Kitale CMCCC No. 104 of 2017. The said application is supported by the annexed affidavit of Manaseh Njenga, the annexures to it as well as the statement thereof.
2. The Respondent did not file any response despite being served with the same. In the meantime the applicant did file submissions which the court has perused.
3. This court is inclined to grant the application as prayed for the reason that the decree which has been attached to the application was valid and there is no evidence that the same has been challenged in any way. To that extend the Respondent is bound to honour the same.
4. It seems further and from the Applicant's position that the respondent did partially settle the decree. There is no reason in the premises why the application cannot be granted. The same is allowed as prayed with costs to the Applicant.
Dated, signed and delivered at Kitale in open court this 26th day of June, 2019.
_________________
H K CHEMITEI
JUDGE
26/6/19
In the presence of:-
Kiarie for the pplicant
Karani for Respondent
Court Assistant – Kirong
Court:- Ruling read in open court.