Republic v Secretary, Public Service Board of Kisumu County & 2 others; Isaac Otieno t/a Basilisk Enterprises (Exparte) [2022] KEHC 14392 (KLR)

Republic v Secretary, Public Service Board of Kisumu County & 2 others; Isaac Otieno t/a Basilisk Enterprises (Exparte) (Judicial Review E010 of 2022) [2022] KEHC 14392 (KLR) (18 October 2022) (Ruling)

Neutral citation: [2022] KEHC 14392 (KLR)

Republic of Kenya

In the High Court at Kisumu

Judicial Review E010 of 2022

RE Aburili, J

October 18, 2022

IN THE MATTER OF THE CONSTITITUTION OF KENYA

AND

IN THE MATTER OF JUDICIAL REVIEW FOR ORDERS OF MANDAMUS

Between

Republic

Applicant

and

Secretary, Public Service Board of Kisumu County

1st Respondent

County Government of Kisumu

2nd Respondent

Chief Finance Officer County Government of Kisumu

3rd Respondent

and

Isaac Otieno t/a Basilisk Enterprises

Exparte

Ruling

1. I have considered the application dated June 7, 2022.

2. The Applicant Isaac Otieno T/a Basilisk Enterprises seeks for leave to apply for Judicial Review orders of Mandamus to compel the Respondent to settle decree of the court in Winam SPM Civil Case No 109/2014.

3. However, there is no evidence of service of judgment, decree and certificate of order against the Government, as well as demand for settlement of the decretal sum. Failure to annex copy of letter of demand is fatal to this application as the Public and Statutory duty to settle decree against the Government only accrues when there is demand and service of decree and Certificate of Order against the Government, as required under section 21 of the Government Proceedings Act, Cap 40 Laws of Kenya.

4. This application is therefore premature.

5. It is hereby struck out with no orders as to costs.

6. File closed.

DATED, SIGNED AND DELIVERED AT KISUMU THIS 18THDAY OF OCTOBER 2022R. E. ABURILIJUDGE