Republic v Kisumu County Government & 3 others; Trishul Chohan t/a Auto Extreme (Exparte) [2024] KEHC 11151 (KLR)

Republic v Kisumu County Government & 3 others; Trishul Chohan t/a Auto Extreme (Exparte) (Miscellaneous Civil Application E334 of 2024) [2024] KEHC 11151 (KLR) (23 September 2024) (Ruling)

Neutral citation: [2024] KEHC 11151 (KLR)

Republic of Kenya

In the High Court at Kisumu

Miscellaneous Civil Application E334 of 2024

RE Aburili, J

September 23, 2024

IN THE MATTER OF AN APPLICATION BY TRISHUL CHOHAN T/A AUTO EXTREME FOR A JUDICIAL REVIEW ORDER OF MANDAMUS AND IN THEMATTER OF THE COUNTY GOVERNMENT ACT NO. 3 OF 2012 OF THE LAWS OF KENYA AND IN THE MATTER OF KISUMU HIGH COURT CIVIL SUIT NO 13 OF 2019

Between

Republic

Applicant

and

Kisumu County Government

1st Respondent

The County Secretary Kisumu County Government

2nd Respondent

The County Executive Committee Member Finance and Planning Kisumu County Government

3rd Respondent

The County Chief Officer, Finance Kisumu County Government

4th Respondent

and

Trishul Chohan t/a Auto Extreme

Exparte

Ruling

1. I have perused the application dated 19th September 2024 under Certificate of Urgency. I do not find any urgency involved. I decline to certify the application as urgent.

2. I however observe that the Applicant seeks leave of this court to apply for Judicial Review Orders of Mandamus to compel the 1st Respondent to settle decree in Kisumu HCCC No. 13 of 2019, dated 17th November 2021 and certificate of order of costs dated 4th June 2024.

3. I have perused copy of Judgment and Certificate of Costs annexed. There is no evidence of the decree and or certificate of order against the Government having been issued and served upon the Respondents as stipulated in Section 21 of the Government Proceedings Act as read with Order 29 Rule 3 of the Civil Procedure Rules. See the case of Five Star Agencies Ltdvs National Land Commission & Another CA No. E390 of 2023 (Court of Appeal) which restated the law and held that before filing Judicial Review application seeking satisfaction of decree against the Government, the party must obtain a certificate of order and certificate for costs against the Government and issuing a 21 days’ notice upon the Government.

4. In this case, the applicant has only annexed copy of Judgment and certificate of costs as taxed. There is no decree and certificate of order against the Government.

5. Accordingly, I find that the application dated 19th September 2024 is premature. It is hereby struck out.

6. The Applicant may file a fresh application upon complying with the requirements under Section 21 of the Government Proceedings Act.

7. I make no orders as to costs.

8. This file is closed.

9. I so order.

DATED, SIGNED AND DELIVERED AT KISUMU THIS 23RDDAY OF SEPTEMBER, 2024R. E. ABURILIJUDGE