Leopard Rock Mico Limited v Chief Finance Oflcer County Government of Meru & 2 others (Judicial Review E003 of 2021) [2025] KEHC 2733 (KLR) (4 March 2025) (Directions) Neutral citation: [2025] KEHC 2733 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT MERU JUDICIAL REVIEW E003 OF 2021 HM NYAGA, J MARCH 4, 2025 BETWEEN LEOPARD ROCK MICO LIMITED ...................................................... APPLICANT AND THE CHIEF FINANCE OFFICER COUNTY GOVERNMENT OF MERU .............................................................................................. 1ST RESPONDENT COUNTY SECRETARY COUNTY GOVERNMENT OF MERU .... 2ND RESPONDENT COUNTY EXECUTIVE MEMBER FOR FINANCE COUNTY GOVERNEMENT OF MERU ....................................................................................... 3RD RESPONDENT DIRECTIONS 1. This matter has a chequered history. 2. It is not in dispute that the Respondent is indebted to the Exparte Applicant. The issue at hand is the manner in which payment is to be made. 3. It is appreciated that the Ex-parte Applicant is entitled to payment of what is lawfully due to it. On the flip side, the Respondent, while under a duty to make good its obligation, has budgetary issues to grapple with, with many competing interests eyeing the same purse it holds. 4. Given the circumstance, I think that it was a sign of good faith for the Ex-parte Applicant to have tried to engage the office of the controller of Budget to break the deadlock. 5. To me, the issue that is outstanding is the mode in which the Respondent will liquidate the decretal sum. https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/2733/eng@2025-03-04 1
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6. I would take the position suggested by counsel for both sides to have a meeting and work out a detailed payment plan that works for both sides. 7. To that effect, the parties are directed to have the said meeting in the next 21 days and if in agreement, come back to court with a written proposal. The Respondent should engage all the concerned offices so that we don’t have to go back to this issue again. 8. If there is no agreement, then the parties can present their respective proposals for the court’s consideration. SIGNED, DATED AND DELIVERED AT MERU THIS 4TH DAY OF MARCH, 2025. H. M. NYAGA JUDGE https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/2733/eng@2025-03-04 2
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