High Court 3370 of 2019

REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT KITALE MISC. CIVIL APPLICATION NO. 55 OF 2018 IN THE MATTER OF AN APPLICATION BY MANASEH DISTRIBUTORS AND WHOLESALERS LTD FOR AN ORDER OF MANDAMUS BETWEEN REPUBLIC......................................................................................................................APPLICANT VERSES COUNTY GOVERNMENT OF TRANS NZOIA............................................1 ST RESPONDENT TRANS NZOIA COUNTY EXECUTIVE COMMITTEE MEMBER, FINANCE.............................................................2 ND RESPONDENT THE HON ATTORNEY GENERAL...............................................................3 RD RESPONDENT EXPARTE: MANASEH DISTRIBUTORS AND WHOLESALERS LTD. RULING 1. By its application dated 2 nd November, 2018, the Applicant prayed for the writ of mandamus to issue so as to compel the Respondent to settle the sum of Kshs. 14,146,601 together with accrued interest as contained in the decree in Kitale CMCCC No. 104 of 2017. The said application is supported by the annexed affidavit of Manaseh Njenga, the annexures to it as well as the statement thereof. 2. The Respondent did not file any response despite being served with the same. In the meantime the applicant did file submissions which the court has perused. 3. This court is inclined to grant the application as prayed for the reason that the decree which has been attached to the application was valid and there is no evidence that the same has been challenged in any way. To that extend the Respondent is bound to honour the same. 4. It seems further and from the Applicant's position that the respondent did partially settle the decree. There is no reason in the premises why the application cannot be granted. The same is allowed as prayed with costs to the Applicant. Dated, signed and delivered at Kitale in open court this 26th day of June, 2019. _________________ H K CHEMITEI JUDGE 26/6/19 In the presence of:-

page 1 of 2