Republic v Executive Member for Finance, County Government of Kisumu & 2 others; Otieno, Ragot & Co. Advocates (Exparte Applicant) [2024] KEHC 10796 (KLR)

Republic v Executive Member for Finance, County Government of Kisumu & 2 others; Otieno, Ragot & Co. Advocates (Exparte Applicant) (Judicial Review E001 of 2024) [2024] KEHC 10796 (KLR) (17 September 2024) (Ruling)

Neutral citation: [2024] KEHC 10796 (KLR)

Republic of Kenya

In the High Court at Kisumu

Judicial Review E001 of 2024

MS Shariff, J

September 17, 2024

Between

Republic

Applicant

and

The Executive Member for Finance,County Government of Kisumu

1st Respondent

The County Government of Kisumu

2nd Respondent

The County Secretary, Kisumu County

3rd Respondent

and

Otieno, Ragot & Co. Advocates

Exparte Applicant

Ruling

1. I have considered the notice of motion dated 21. 2.2024 and the supporting affidavit of Jude Ragot sworn on even date. I have also considered the oral submissions of Counsels and I do note the concession made by Ms. Musando Counsel for the Respondent and I thus allow the application as prayed and I make the following orders:-1. An order of judicial review by way of mandamus is hereby issued against the Respondents directing them to pay the Applicant a sum of Kshs.165,517. 12 plus interest at the rate of 14% per annum from 22. 11. 2021 in accordance with the decree and certified costs in Kisumu HC Misc. Civil App. No. E105 of 2022 between Otieno Ragot & Co. Advocates -vs- Municipal Council of Kisumu.2. Given the concession made by the Respondents herein each party shall bear its own costs.3. This file is marked as closed.

DATED, SIGNED AND DELIVERED AT KISUMU THIS 17THDAY OF SEPTEMBER, 2024. M. S. SHARIFFJUDGE