Simon Ndungu Mungai & Vincent Mungai Ndungu Trading as Overcomers Christian Missions & Livelink Communications v County Government of Kiambu, County Finance Officer Kiambu County Government & County Secretary Kiambu County Government [2021] KEHC 9376 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT NAIROBI

JUDICIAL REVIEW MISC APPLICATION NO. E055 OF 2020

IN THE MATTER OF AN APPLICATION FOR LEAVE FOR

JUDICIAL REVIEW ORDERS OF MANDAMUS

BETWEEN

REV. SIMON NDUNGU MUNGAI.........................................................................................1ST APPLICANT

PASTOR VINCENT MUNGAI NDUNGU.............................................................................2ND APPLICANT

TRADING AS OVERCOMERS CHRISTIAN MISSIONS & LIVELINK COMMUNICATIONS

VERSUS

COUNTY GOVERNMENT OF KIAMBU........................................................................1ST RESPONDENT

COUNTY FINANCE OFFICER KIAMBU COUNTY GOVERNMENT.....................2ND RESPONDENT

COUNTY SECRETARY KIAMBU COUNTY GOVERNMENT..................................3RD  RESPONDENT

RULING NO 2

1. On 2nd November 2020, this Court granted Rev. Simon Ndungu Mungai and Pastor Vincent Ndungu Mungai, the Applicants herein, leave to apply for an order of mandamus directed to the County Finance Officer Kiambu County Government and County Secretary Kiambu County Government, to compel them to  honor the decree dated 31st January 2011 by paying the decretal amount and interests as per Certificate of order dated 27th July 2020 amounting to Ksh 4,460. 292.

2. The said Applicants were also directed to file and serve their substantive Notice of Motion and submissions thereon within twenty-one (21) days. Upon perusal of the Court record, I note that there has been no compliance on the part of the Applicants.  In effect, the outcome of the non-compliance is that there is no pending matter in this suit for determination by the Court.

3. In the premises I direct and order as follows:

I.This suit is dismissed for non-prosecution and this file is hereby marked as closed.

II.The Deputy Registrar ofthe Judicial Review Division shall send a copy of this ruling to the Applicants by electronic mail by close of business on Thursday, 21st January 2021.

4. Orders accordingly.

DATED AND SIGNED AT NAIROBI THIS 20TH DAY OF JANUARY 2021

P. NYAMWEYA

JUDGE