Republic v County Secretary County Government of Kisumu & 2 others [2022] KEHC 14219 (KLR)

Republic v County Secretary County Government of Kisumu & 2 others (Judicial Review 9 of 2021) [2022] KEHC 14219 (KLR) (21 October 2022) (Ruling)

Neutral citation: [2022] KEHC 14219 (KLR)

Republic of Kenya

In the High Court at Kisumu

Judicial Review 9 of 2021

RE Aburili, J

October 21, 2022

IN THE MATTER OF AN APPLICATION BY OTIENO, RAGOT & CO ADVOCATES AND IN THE MATTER OF AN APPLICATION FOR JUDICIAL REVIEW BY WAY OF MANDAMUS PURSUANT TO LEAVE GRANTED IN KISUMU HC MISC APPLICATION NO 124 OF 2021 AND IN THE MATTER OF SECTIONS 2, 103, 147 & 148 OF THE PUBLIC FINANCE MANAGEMENT ACT, 2012 AND IN THE MATTER OF SECTION 44 & 45 OF THE COUNTY GOVERNMENTS ACT, 2012 AND IN THE MATTER OF GOVERNMENT PROCEEDINGS ACT, CAHPTER 40, LAWS OF KENYA AND IN THE MATTER OF ARTICLES 10, 23 & 41 OF THE CONSTITUTION OF KENYA

Between

Republic

Appellant

and

County Secretary County Government of Kisumu

1st Respondent

County Executive Member for Finance County Government of Kisumu

2nd Respondent

County Government of Kisumu

3rd Respondent

Ruling

1. I have considered the application as argued by Mr Okoth, advocate. I observe that there is no leave granted or order for leave attached to the affidavit in support of the application for mandamus.

2. The application for mandamus is found to be incompetent and premature. It is hereby struck out and this file is closed.

DATED, SIGNED AND DELIVERED AT KISUMU THIS 21ST DAY OF SEPTEMBER 2022R E ABURILIJUDGE