Republic v County Secretary County Government of Kisumu & 2 others [2022] KEHC 14242 (KLR)

Republic v County Secretary County Government of Kisumu & 2 others (Judicial Review Application 12 of 2021) [2022] KEHC 14242 (KLR) (22 September 2022) (Ruling)

Neutral citation: [2022] KEHC 14242 (KLR)

Republic of Kenya

In the High Court at Kisumu

Judicial Review Application 12 of 2021

RE Aburili, J

September 22, 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 5 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

Applicant

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 dated 1st December 2021, the Grounds thereof and the Supporting Affidavit and annextures thereto.

2. The Respondents were served with the application as shown by the Affidavit of Service filed herein but there is no response thereto. The applicant has demonstrated that there is a decree and Certificate of Order against the Government on the Taxed Costs issued and served upon the Respondents which decree has not been settled.

3. I am satisfied that the application is meritorious. I allow the application dated 1st December 2021 filed by way of Chamber Summons and grant leave to the applicant to file a substantive motion for Judicial Review Orders of Mandamus to compel the Respondents to settle decree against them in favour of the applicant.

4. The main motion shall be filed and served within 21 days of today in default, the leave granted lapses. The main motion shall be accompanied by a certified copy of this Ruling and order.

5. Costs shall be in the main motion. Orders accordingly.

6. This file is hereby closed.

DATED, SIGNED AND DELIVERED AT KISUMU THIS 22ND DAY OF SEPTEMBER 2022R. E. ABURILIJUDGE