Republic v Executive Committee Member for Finance and Economic Planning, Kisumu County & 3 others [2024] KEHC 6600 (KLR)

Republic v Executive Committee Member for Finance and Economic Planning, Kisumu County & 3 others (Judicial Review E003 of 2024) [2024] KEHC 6600 (KLR) (5 June 2024) (Ruling)

Neutral citation: [2024] KEHC 6600 (KLR)

Republic of Kenya

In the High Court at Kisumu

Judicial Review E003 of 2024

MS Shariff, J

June 5, 2024

Between

Republic

Applicant

and

The Executive Committee Member for Finance and Economic Planning, Kisumu County

1st Respondent

Chief Finance Officer, Kisumu County

2nd Respondent

County Secretary Kisumu County

3rd Respondent

County Attorney, Kisumu County

4th Respondent

Ruling

1I have considered the ex parte Applicant’s Notice of Motion dated 13. 3.2024, the statement of facts dated 11. 3.2024, the affidavit in verification of facts sworn by Samuel Ochieng Amam on 11th March, 2024, and his supporting affidavit sworn on 13. 3.2024 and I do note that there is full compliance with the provisions of Section 21 of the Government Proceedings Act and further that this application is unopposed and I thus find it as meritorious and I allow the same and I make the following orders:- 1. An order of mandamus is hereby issued against the Respondents compelling them to pay the Applicant a sum of Kshs.21,016,710. 70 as per the judgment and decree in Kisumu CMCC No. 226 of 2019.

2. The Applicant is awarded costs of this application. The costs are assessed at Kshs.130,000.

3. This file is marked as closed.

DATED, SIGNED AND DELIVERED AT KISUMU THIS 5THDAY OF JUNE, 2024M. S. SHARIFFJUDGE