REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NYAHURURU HCJR NO E005 OF 2025 SAMMY GACHINGWA ……………………………………. APPLICANT VERSUS COUNTY GOVERNMENT OF NYANDARUA…………… RESPONDENT JUDGMENT 1. By a Substantive Motion dated 22 nd July 2025 the Applicant seeks orders that; a) An order of mandamus do issue compelling the respondent to pay to the applicant or to the applicant’s advocates on record herein, namely N. Ikua & Company Advocates a sum of Kshs 316,954/= costs taxed at Kshs 59,295/= together with interests thereon from 21st September 2020 in satisfaction of the decree extracted as per the judgment delivered on 24 th July 2023 by Hon S. Lesantos in Civil suit No 90 of 2020 at Nyahururu magistrates court. b) An order of mandamus do issue directed at the respondents accounting officials namely; The Finance Officer and / or the County Secretary to pay to the applicant or to the applicant’s advocates on record herein, namely N. Ikua & Company Advocates a sum of Kshs 316,954, costs taxed at Kshs 59,295/= together with interests thereon from 21st September 2020 in satisfaction of the decree extracted as per the judgment delivered on 24th July 2023 by Hon S. Lesantos in Civil Suit No 90 of 2020 at Nyahururu Magistrates court. pg. 1
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c) The costs of this application be borne by the respondent. 2. The application is premised on grounds that; a) That a judgment was delivered on the 24 th July 2023 in Civil suit No 90 of 2020 at Nyahururu Magistrates court in favour of the applicant for a sum of Kshs 316,954 costs taxed at Kshs 59,295 together with interests on the said sums from the date of filing suit on 21st September 2020 until the date of payment. b) That a decree was consequently extracted to that effect dated 13 th September 2023 and a Certificate of Order against government were served and received by the respondent on 7 th November 2024. c) That despite such service and proof of receipts, the decree and certificate of costs still remain unsatisfied. 3. In support of the application the Applicant deponed an affidavit where he reiterates what is stated on the body of the application. 4. The Motion is unopposed. For that reason, learned counsel for applicant Mr Omondi seeks an order allowing the application as prayed. 5. Exhibited in the matter is a decree that was obtained by the Applicant which was served upon the Respondent. The respondent was required to settle a decree in the sum of Kshs. 316,954, Interest from 25/09/2020 together with costs that were taxed and certified by the Deputy registrar in the sum of Kshs 59,295/= which stands owing. 6. Having considered this application, I find the Motion having merit. Accordingly, I order that an order of mandamus do issue compelling the pg. 2
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Respondent to pay the Applicant a sum of Kshs 316,954, afore stated interest, together with costs in the sum of Kshs 59,295/=. 7. Costs of the Motion shall be borne by the Respondent. 8. It is so ordered. Dated, signed and delivered this 24th day of June, 2026 HON L. MUTENDE JUDGE pg. 3
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