Panafrican Equipment (kenya) Limited v County Executive Member, Finance, Ict, and Economic Planning, County Government of Kiambu

Panafrican Equipment (Kenya) Limited v County Executive Member, Finance, ICT, and Economic Planning, County Government of Kiambu (Judicial Review Application E345 of 2025) [2025] KEHC 15939 (KLR) (Judicial Review) (6 November 2025) (Ruling) Neutral citation: [2025] KEHC 15939 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT NAIROBI (MILIMANI LAW COURTS) JUDICIAL REVIEW JUDICIAL REVIEW APPLICATION E345 OF 2025 RE ABURILI, J NOVEMBER 6, 2025 BETWEEN PANAFRICAN EQUIPMENT (KENYA) LIMITED ............................. APPLICANT AND COUNTY EXECUTIVE MEMBER, FINANCE, ICT, AND ECONOMIC PLANNING, COUNTY GOVERNMENT OF KIAMBU ................ RESPONDENT RULING 1. The Chamber Summons dated 2nd October 2025 is brought under certificate of urgency. I however find no urgency involved. I decline to certify it as urgent. 2. On the main prayers, the applicant seeks leave of court to apply for Judicial Review orders of mandamus to compel the Respondents to settle decree and certificate of orders against the Government given on 14/3/2024, issued on 18/2/2025 in Nairobi HC COMM Case No. E550/2020 for a sum of Kshs.27,144,955.32; inclusive of interest at 14% p.a plus taxed costs. 3. I note that the certificate of order against the Government and demand for settlement was served upon the Respondents vide letter of 20/3/2025. I am satisfied that there is a statutory duty imposed on the Respondent to settle decree of the court pursuant to Section 21 of the Government Proceedings Act and that the applicant has no other remedy since no execution by way of attachment is permitted against the Respondent and County Governments. 4. Accordingly, I grant leave to the applicant to apply for mandamus order as sought in the chamber summons dated 5/11/025, prayer 2 thereof. https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/15939/eng@2025-11-06 1

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