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ELRCAllowedJudicial Review Application (Notice of Motion dated 28th February 2024), Nakuru High Court· [2024] KEELRC 1780 (KLR)

Chemutai v County Government of Nakuru & 3 others (Judicial Review E001 of 2024) [2024] KEELRC 1780 (KLR)

High Court of Kenya (Environment and Land? - stated as High Court, Nakuru; judge DAVID NDERITU, JUDGE)
11 July 2024
DNDavid Nderitu
652 words in judgment
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The bottom line

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What this practically means

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Executive summary

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This was an unopposed judicial review application by way of a notice of motion dated 28th February 2024, filed through Magatta & Associates Advocates pursuant to Order 53 Rule 3(1) of the Civil Procedure Rules. The ex-parte applicant, Sarah Chemutai, sought an order of mandamus compelling the respondents - the County Government of Nakuru and its accounting officers - to pay a judgment debt of Kshs5,360,504/= together with assessed costs of Kshs192,504/= and interest at 14% per annum from 16th August 2023, arising from a decree issued on 27th July 2023 in Nakuru CMCC Misc. Civil Application No. E092 of 2023 (Sarah Chemutai v County Government of Nakuru). The court had earlier, on 16th February 2024, granted leave to file the judicial review proceedings. The applicant exhibited a certificate of an order against a county government. Despite service, the respondents did not file a response, and the application proceeded ex parte with submissions by Mr. Magatta on 4th April 2024. Justice David Nderitu, upon reading the application, statutory statement, verifying affidavit and annexures, found the application merited and allowed it as prayed with costs. He issued an order of mandamus compelling the respondents to pay the decretal sum plus assessed costs, with interest at 14% per annum on both sums from July 2023 until payment in full, and assessed the applicant's costs of the application at Kshs20,000/=.

Key legal issues

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Entitlement to mandamus enforcing a decree against a county government

Holding

The court was satisfied the application had merit and allowed it as prayed, the respondents having not opposed

Reasoning

The applicant obtained leave on 16th February 2024 to file judicial review proceedings for mandamus to enforce a decree of Kshs5,360,504/= plus costs of Kshs192,504/= issued on 27th July 2023 in Nakuru CMCC Misc. Civil Application No. E092 of 2023. A certificate of an order against a county government was issued. The application was supported by a statutory statement, verifying affidavit and annexures. Despite service, the respondents did not respond, and the court, on reading the application and supporting documents, found it merited and allowed it as prayed with costs.

p. 2

Legal principles established

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  • Mandamus may issue to compel a county government and its accounting officers to settle a judgment debt with assessed costs and interest

Court orders

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  1. 1.An order of mandamus compelling the respondents to pay the ex-parte applicant Kshs5,360,504/= plus costs of Kshs192,504/=, with interest at 14% per annum on both sums from July 2023 until payment in full
  2. 2.The applicant is granted the costs of the application, assessed at Kshs20,000/=

Authorities

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Legislation

  • Civil Procedure RulesOrder 53 Rule 3(1)

Cases cited (1)

  • Sarah Chemutai -v- County Government Of Nakuru
    Nakuru CMCC Misc. Civil Application No. E092 of 2023
Jurisdiction invoked
Order 53 Rule 3(1) of the Civil Procedure Rules (judicial review for mandamus to enforce a decree against a county government)

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Chemutai v County Government of Nakuru & 3 others (Judicial Review E001 of 2024) [2024] KEELRC 1780 (KLR)", Case Analysis (2024). Judicial Review Application (Notice of Motion dated 28th February 2024), Nakuru High Court. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2024/1780/eng@2024-07-11

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.