REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT KITALE MISC . CIVIL APPLICATION NO. 15 OF 2017 IN THE MATTER OF AN APPLICATION BY NIXON SIFUNA P/A SIFUNA & SIFUNA ADVOCATES FOR AN ORDER OF MANDAMUS AND IN THE MATTER OF ORDER 53 OF THE CIVIL PROCEDURE RULES 2010 AND IN THE MATTER OF SECTION 8 & 9 OF THE LAW REFORM ACT 26 LAWS OF KENYA REPUBLIC.....................................................................................APPLICANT VERSUS COUNTY ASSEMBLY OF TRANS NZOIA......................1ST RESPONDENT CLERK, COUNTY ASSEMBLY OF TRANS NZOIA.......2ND RESPODNENT (EX-PARTE..PROF. NIXON SIFUNA P/A SIFUNA & SIFUNA ADVOCATES) RULING 1. I have read the application dated 12th June 2017 together with the respective supporting affidavit's for the writ of mandamus. I have also read the response by the respondents. In short and as demonstrated by the submissions by the applicant the order sought in line with the provisions of Order 53(1) of the Civil Procedure Rules and Section 8 and 9 of the Law Reform Act Cap 26 is exparte in nature. 2. The application dated 12th June 2017 is therefore allowed. The costs shall abide the substantive application. 3. All is not lost as the issues raised by the respondent shall be ventilated later. Delivered this 19th day of July, 2017. ____________
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H.K. CHEMITEI JUDGE In the presence of; Sitati holding brief for Sifuna for the Applicant Khisa holding brief for Ngeiywa for the Respondent Silvia – Court Assistant _________________ H.K. CHEMITEI JUDGE 19/7/2017
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