Republic v County Secretary, County Government of Kisumu & 2 others; Otieno, Ragot & Co. Advocates (Exparte Applicant) [2024] KEHC 7540 (KLR)

Republic v County Secretary, County Government of Kisumu & 2 others; Otieno, Ragot & Co. Advocates (Exparte Applicant) (Judicial Review E009 of 2024) [2024] KEHC 7540 (KLR) (14 June 2024) (Ruling)

Neutral citation: [2024] KEHC 7540 (KLR)

Republic of Kenya

In the High Court at Kisumu

Judicial Review E009 of 2024

RE Aburili, J

June 14, 2024

IN THE MATTER OF AN APPLICATION BY OTIENO, RAGOT & COMPANY ADVOCATES

AND

IN THE MATTER OF AN APPLICATION FOR JUDICIAL REVIEW BY WAY OF MANDAMUS

AND

IN THE MATTER OF SECTION 2, 103, 147 & 148 OF THE PUBLIC FINANCE MANAGEMENT ACT, 2012

AND

IN THE MATTER OF SECTION 41 & 45 OF THE COUNTY GOVERNMENT ACT, 2012

AND

IN THE MATTER OF GOVERNMENT PROCEEDINGS ACT, CHAPTER 40, LAWS OF KENYA

AND

IN THE MATTER OF ARTICLES 10, 23 & 47 OF THE CONSTITUTION OF KENYA

Between

Republic

Applicant

and

The County Secretary, County Government of Kisumu

1st Respondent

The County Executive Member for Finance, County Government of Kisumu

2nd Respondent

The County Government of Kisumu

3rd Respondent

and

Otieno, Ragot & Co. Advocates

Exparte Applicant

Ruling

1. The Exparte Applicant Otieno, Ragot & Co. Advocates vide their Notice of Motion dated 30th April 2024 seek Judicial Review Order of Mandamus to compel the Respondents herein to settle decree in the sum of Kshs.156,060 with interest at court rates of 14% p.a from 5th January 2023 until payment in full being decree in Kisumu High Court Misc. Civil Application No. E020 of 2023.

2. The Applicant also prays for costs of the application.

3. The application which is supported by documents accompanying the application for leave to apply dated 4th April 2024 and affidavit of Jude Ragot sworn on 4th April 2024 is not opposed.

4. The Applicant is the advocate who filed Advocate/Client Bill of Costs which were taxed by the Deputy Registrar of this court.

5. No Reference was filed and neither is there any challenge as to retainer.

6. The decree is against the County Government and under the Government Proceedings Act, Cap 40 Laws of Kenya, no execution of decree by way of attachment and sale of property whether movable or immovable.

7. Mandamus is the only way by which the decree holder can compel settlement of decree passed by the court as stipulated in Section 21 of the Government Proceedings Act and Order 29 Rule 2 of the Civil Procedure Rules.

8. The Certificate of Order against the Government was issued on 2nd February 2024 in HC Misc. No. E020 of 2023. Decree was issued on 13th December 2023.

9. The professional services were rendered in Kisumu HCCC No. 5 of 2014.

10. The Applicant served the Respondent/Client with the itemized bill on 5th December 2022 as per the affidavit of service filed into court.

11. There has been no settlement of the said costs.

12. That being the case, I find merit in the Notice of Motion dated 30th April 2024. I grant the prayer for mandamus as prayed.

13. The Applicant shall have costs of the application assessed at Kshs.20,000.

14. Mention on 26th September 2024 to confirm settlement.

15. I so order.

DATED, SIGNED AND DELIVERED AT KISUMU THIS 14THDAY OF JUNE, 2024R. E. ABURILIJUDGE