Pel Travelers Limited v County Secretary, County Government of Nyamira & 2 others (Judicial Review E015 of 2024) [2024] KEHC 7964 (KLR) (27 June 2024) (Ruling) Neutral citation: [2024] KEHC 7964 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT KISUMU JUDICIAL REVIEW E015 OF 2024 RE ABURILI, J JUNE 27, 2024 IN THE MATTER OF AN APPLICATION BY PEL TRAVELS LIMITED AND IN THE MATTER OF AN APPLICATION FOR JUDICIAL REVIEW BY WAY OF MANDAMUS AND IN THE MATTER OF SECTION 2, 103, 147 & 148 OF THE PUBLIC FINANCE MANAGEMENT ACT, 2012 AND IN THE MATTER OF SECTION 44 & 45 OF THE COUNTY GOVERNMENT ACT, 2012 AND IN THE MATTER OF GOVERNMENT PROCEEDINGS ACT, CHAPTER 40, LAWS OF KENYA AND IN THE MATTER OF ARTICLES 10, 23 & 47 OF THE CONSTITUTION OF KENYA BETWEEN PEL TRAVELERS LIMITED ................................................................... APPLICANT AND THE COUNTY SECRETARY, COUNTY GOVERNMENT OF NYAMIRA ....................................................................................... 1ST RESPONDENT THE COUNTY EXECUTIVE MEMBER FOR FINANCE COUNTY GOVERNMENT OF NYAMIRA ................................................. 2ND RESPONDENT THE COUNTY GOVERNMENT OF NYAMIRA ..................... 3RD RESPONDENT https://new.kenyalaw.org/akn/ke/judgment/kehc/2024/7964/eng@2024-06-27 1
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RULING 1. I have considered the Exparte Chamber Summons dated 18th June 2024. The Applicant seeks leave of court to institute Judicial Review Proceedings seeking for orders of Mandamus to issue against the Respondent County Government of Nyamira compelling the Respondent to settle decree in Kisumu CMCC no. 252 of 2021 between the parties hereto. 2. I have perused the grounds, affidavit in support, verifying the facts and statements of facts and annextures. 3. I am satisfied that the orders sought are merited. I hereby grant prayer 1 of the Chamber Summons dated 18th June 2024. 4. Costs shall be in the main Notice of Motion which shall be filed and served within 21 days of today. 5. This Ruling, setting out the entire prayer 1 of the Chamber Summons to be typed and uploaded on the CTS. The Applicant’s counsel to be notified via email, pending the typing and uploading of the Ruling and order. 6. This file is effectively closed and shall only be placed in the substantive Notice of Motion file once the latter is filed. 7. File closed. DATED, SIGNED AND DELIVERED AT KISUMU THIS 27TH DAY OF JUNE, 2024 R. E. ABURILI JUDGE https://new.kenyalaw.org/akn/ke/judgment/kehc/2024/7964/eng@2024-06-27 2
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