Republic v County Government of Trans Nzoia, Trans Nzoia County Executive Committee Member of Finance & Attorney General [2019] KEHC 3353 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT KITALE

JUDICIAL REVIEW APPLICATION NO. 2 OF 2018.

IN THE MATTER OF AN APPLICATION BY MWAMBA VALUERS LTD FOR THE ORDERS OF MANDAMUS

BETWEEN

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

VERSES

THE COUNTY GOVERNMENT OF TRANS NZOIA.................1ST RESPONDENT

TRANS NZOIA COUNTY EXECUTIVE COMMITTEE

MEMBER OF FINANCE...............................................................2ND RESPONDENT

THE HON. ATTORNEY GENERAL............................................3RD RESPONDENT

RULING

1.  The application dated 10th December, 2018 by the Applicant prays for the Judicial Review order of Mandamus to compel the Respondents satisfy the decree as contained in the Kitale CMCCC No. 217 of 2017 amounting to Kshs. 5,114,065. The application is supported by the affidavit of Boniface K.W. Muse, the statement thereof as well as other annexures.

2.  Save that the 1st and 2nd Respondent filed some grounds of opposition dated 2nd April 2019, in which it’s alleged that the application is defective and an abuse of the court process, there was no reply to the Applicants’ affidavit.  In essence therefore it is not challenged that there exist a decree against the Respondent.

3.  In the premises I do not find anything to conclude that the application is frivolous and abuse of court process as alleged by the Respondent.  The application is technically unopposed and the same is allowed with costs to the Applicant.

Dated, signed and delivered in open court at Kitale this 26th day of June 2019.

_________________

H K CHEMITEI

JUDGE.

26/6/19

In the presence of:-

Nyakundi for the Applciant

Karani for Respodnent

Court Assistant – Kirong

Ruling read in open open