Meptax Consultuim Ltd v County Goventment of Kisumu & 3 others (Judicial Review Miscellaneous Application E013 of 2024) [2024] KEHC 11291 (KLR) (23 September 2024) (Ruling) Neutral citation: [2024] KEHC 11291 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT KISUMU JUDICIAL REVIEW MISCELLANEOUS APPLICATION E013 OF 2024 RE ABURILI, J SEPTEMBER 23, 2024 IN THE MATTER OF THE CONSTITUTION OF KENYA AND IN THE MATTER OF JUDICIAL REVIEW FOR ORDERS FOR MANDAMUS BETWEEN MEPTAX CONSULTUIM LTD .......................................... EX PARTE APPLICANT AND COUNTY GOVENTMENT OF KISUMU ................................... 1ST RESPONDENT BOARD OF KISUMU CITY ........................................................ 2ND RESPONDENT COUNTY GOVERNMENT OF KISUMU .................................. 3RD RESPONDENT COUNTY EXECUTIVE COMMITTEE MEMBER FINANCE 4TH RESPONDENT RULING 1. The application dated 7th June 2024 is not opposed. The Applicant Meptax Consultium Ltd is the decree holder in Kisumu HCC No.18 of 2019 vide Judgment rendered on 8th October 2019. Costs were also assessed. 2. Decree and certificate of order against the Government were served upon the Respondents who have not settled the decree despite offering to enter into negotiations with the Applicant on 14th June 2024. 3. Mandamus is the only means by which the Government can be compelled to settle decree, where there is default. This is so because execution against the Government is governed by the Government Proceedings Act, Cap 40 Laws of Kenya. No attachment and sale of Government Assets is allowed by law. https://new.kenyalaw.org/akn/ke/judgment/kehc/2024/11291/eng@2024-09-23 1
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4. I have perused the record and I am satisfied that the applicant has complied with the required procedure for demanding for settlement of decree against the Government and that this application is not frivolous. 5. I grant leave to the Applicant to institute Judicial Review proceedings against the Respondents Judgment debtors in Kisumu HCC No. 18 of 2019 to compel the Respondents to settle decree in the said suit. 6. The substantive motion shall be filed and served within 21 days of today and in a separate file. 7. The application for leave and the order granting leave shall accompany the application for the substantive order. 8. Costs shall be in the substantive motion. 9. This file is closed. 10. HCC No.18 of 2019 to be returned. I so order. DATED, SIGNED AND DELIVERED AT KISUMU THIS 23RD DAY OF SEPTEMBER, 2024 R. E. ABURILI JUDGE https://new.kenyalaw.org/akn/ke/judgment/kehc/2024/11291/eng@2024-09-23 2
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