Skip to content
AI-generated case briefs sourced from Kenya Law · Not legal advice
Caselaw
AI-generated case brief
Case Brief · caselaw.co.ke
ELRCAllowedJudicial Review No E002 of 2024· [2024] KEELRC 1817 (KLR)

Summ v County Government of Nakuru & 3 others (Judicial Review E002 of 2024) [2024] KEELRC 1817 (KLR)

High Court of Kenya at Nakuru (judicial review - order of mandamus)
11 July 2024
DNDavid Nderitu
655 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~3 min to read original · ~4 min brief

The bottom line

#

The High Court ordered Nakuru County to pay a Kshs6.3 million judgment debt plus costs and 14% interest, showing mandamus works against counties.

What this practically means

#

Executive summary

#
The ex-parte applicant, Judith C. Ruto Summi, moved the court by notice of motion dated 28th February, 2024, filed through Magatta & Associates Advocates pursuant to Order 53 Rule 3(1) of the Civil Procedure Rules, seeking an order of mandamus compelling the County Government of Nakuru and its accounting officers to pay a judgment debt of Kshs6,324,082.70/= together with assessed costs of Kshs216,602/= and interest at 14% per annum. The debt arose from a ruling of 20th July, 2023 and a decree of 27th July, 2023 in Nakuru CMCC Misc. Civil Application No. E094 of 2023 – Judith C. Ruto Summ v County Government of Nakuru, in which a certificate of an order against a county government was issued. Leave for the judicial review application had been granted on 16th February, 2024. The respondents were served with the application but did not file any response, and the matter proceeded ex parte, with Mr. Magatta urging the application on 4th April, 2024. Reviewing the application, the statutory statement of facts, the verifying affidavit sworn on 16th February, 2024 and the annexures, Judge David Nderitu found the application to have merit and allowed it as prayed with costs. The court issued an order of mandamus compelling the respondents to pay the decretal sum of Kshs6,324,082.70/= plus costs of Kshs216,602/=, 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/=. The judgment was delivered virtually at Nakuru on 11th July, 2024.

Key legal issues

#
01

Entitlement to mandamus to enforce a decree against a county government

Holding

The application was allowed as prayed; mandamus issued compelling the respondents to pay the decretal sum, assessed costs and interest.

Reasoning

The applicant had been granted leave on 16th February, 2024 to file judicial review proceedings seeking mandamus. The application was founded on the judgment and decree of 27th July, 2023 awarding Kshs6,324,082.70/= plus costs assessed at Kshs216,602/=, with a certificate of an order against a county government issued on 27th July, 2023. The respondents were served but did not respond, so the application proceeded ex parte. On reading the application, statutory statement, verifying affidavit and annexures, the court was satisfied the application had merit and allowed it with costs.

p. 2

Legal principles established

#
  • Where a decree has been issued against a county government and the application for mandamus is unopposed and supported by the decree, statutory statement and verifying affidavit, the court will issue mandamus to compel payment of the decretal sum, certified costs and interest.

Court orders

#
  1. 1.An order of mandamus issued compelling the respondents to pay the ex-parte applicant the sum of Kshs6,324,082.70/= plus costs of Kshs216,602/=, together with interest at 14% per annum on both sums from July, 2023 till payment in full
  2. 2.The applicant granted costs of the application, assessed at Kshs20,000/=

Authorities

#

Legislation

  • Civil Procedure RulesOrder 53 Rule 3(1)

Cases cited (1)

  • Nakuru CMCC Misc. Civil Application No. E094 of 2023 – Judith C. Ruto Summ v County Government of Nakuru
    null
On appeal from
null
null
Jurisdiction invoked
Order 53 Rule 3(1) of the Civil Procedure Rules (leave granted on 16th February, 2024 to apply for an order of mandamus)

Key timeline

#

Practical implications

#

Frequently asked questions

#

Cite this brief

#

Cite this brief

Caselaw, "Summ v County Government of Nakuru & 3 others (Judicial Review E002 of 2024) [2024] KEELRC 1817 (KLR)", Case Analysis (2024). Judicial Review No E002 of 2024. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2024/1817/eng@2024-07-11

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