Republic v Executive Member for Finance, County Government of Kisumu & 2 others; Otieno, Ragot & Co. Advocates (Exparte Applicant) (Judicial Review E001 of 2024) [2024] KEHC 10796 (KLR) (17 September 2024) (Ruling) Neutral citation: [2024] KEHC 10796 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT KISUMU JUDICIAL REVIEW E001 OF 2024 MS SHARIFF, J SEPTEMBER 17, 2024 BETWEEN REPUBLIC ................................................................................................. APPLICANT AND THE EXECUTIVE MEMBER FOR FINANCE,COUNTY GOVERNMENT OF KISUMU .......................................................................................... 1ST RESPONDENT THE COUNTY GOVERNMENT OF KISUMU ........................ 2ND RESPONDENT THE COUNTY SECRETARY, KISUMU COUNTY .................. 3RD RESPONDENT AND OTIENO, RAGOT & CO. ADVOCATES ........................... EX PARTE APPLICANT RULING 1. I have considered the notice of motion dated 21.2.2024 and the supporting affidavit of Jude Ragot sworn on even date. I have also considered the oral submissions of Counsels and I do note the concession made by Ms. Musando Counsel for the Respondent and I thus allow the application as prayed and I make the following orders:1. An order of judicial review by way of mandamus is hereby issued against the Respondents directing them to pay the Applicant a sum of Kshs.165,517.12 plus interest at the rate of 14% per annum from 22.11.2021 in accordance with the decree and certified costs in Kisumu HC Misc. Civil App. No. E105 of 2022 between Otieno Ragot & Co. Advocates -v- Municipal Council of Kisumu. 2. Given the concession made by the Respondents herein each party shall bear its own costs. https://new.kenyalaw.org/akn/ke/judgment/kehc/2024/10796/eng@2024-09-17 1
page 1 of 2
3. This file is marked as closed. DATED, SIGNED AND DELIVERED AT KISUMU THIS 17TH DAY OF SEPTEMBER, 2024. M. S. SHARIFF JUDGE https://new.kenyalaw.org/akn/ke/judgment/kehc/2024/10796/eng@2024-09-17 2
page 2 of 2