Gituma Otieno & Company Advocates v The County Executive Committee Member For Finance Nairobi City County Government & 1 other

Gituma Otieno & Company Advocates v County Executive Committee Member for Finance Nairobi City County Government & another (Judicial Review Miscellaneous Application E037 of 2026) [2026] KEHC 3171 (KLR) (Judicial Review) (10 March 2026) (Ruling) Neutral citation: [2026] KEHC 3171 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT NAIROBI (MILIMANI LAW COURTS) JUDICIAL REVIEW JUDICIAL REVIEW MISCELLANEOUS APPLICATION E037 OF 2026 RE ABURILI, J MARCH 10, 2026 BETWEEN GITUMA OTIENO & COMPANY ADVOCATES ................................ APPLICANT AND THE COUNTY EXECUTIVE COMMITTEE MEMBER FOR FINANCE NAIROBI CITY COUNTY GOVERNMENT ............................. 1ST RESPONDENT THE CHIEF OFFICER FINANCE/COUNTY TREASURER, NAIROBI CITY COUNTY GOVERNMENT ......................................................... 2ND RESPONDENT RULING 1. The chamber summons dated 9/3/2026 is not certified urgent as no urgency is disclosed. 2. The applicant advocate seeks leave of court to apply for Judicial Review orders of mandamus to compel the Respondents to settle decree and certificate of order for costs assessed in his favour pursuant to judgment on costs dated 15/3/2025 in HCJR Misc E011/2023 by Justice Chigiti SC, amounting to Kshs. 1,601,989.61. He also prays for costs. 3. I have perused the application and the statutory statement together with the attached documents. I am satisfied that the applicant has a valid decree and certificate of order against the Government as served upon the Respondents on 21/3/2025 demanding settlement, as required under Section 21 of the Government Proceedings Act. 4. In the premises, I am satisfied that the applicant has a prima facie arguable case for consideration at the substantive stage. I grant leave to the applicant to apply for Judicial Review mandamus order to compel https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/3171/eng@2026-03-10 1

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