REPUBLIC vs THE PS INTERNAL SECURITY & 2 OTHERS [2004] KEHC 1638 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT ELDORETMISC. CIVIL APPLICATION NO.278 OF 2003REPUBLIC ...........................................................................................................APPLICANTVERSUSTHE PS INTERNAL SECURITY & 2 OTHERS .........................................RESPONDENTSR U L I N G

This is an application by way of Chamber summons dated 27th July 2003 brought under Order LIII Rules 1 (1) (2) and (3) of the Civil Procedure Rules and section 8 and 9 of the Law Reform Act. It seeks for orders that the applicant be granted leave to apply for orders of judicial review in the nature of mandamus to compel the Respondents to satisfy the decree amounting to kshs.432,200/= plus costs of Kshs.94,105/= and interest obtaining in ex-parte application’s favour in Eldoret CMCC No.1931 of 1996 between the ex-parte applicant herein and Sitoni Barasa and the Attorney General. It also seeks that costs be provided for. Mr. Ngigi for the applicant also made submissions to me in support of the application.

I have considered the application and submissions of Counsel for the applicant. I am satisfied that the application has merits. I therefore grant the orders as prayed. Costs in the cause.

Dated and delivered at Eldoret this 29th day of April 2004.

George Dulu

Judge

(I certify this a true copy of the original)

DEPUTY REGISTRAR