Republic v Chief Officer Finance County Government of Samburu & another; Mucheru (Exparte Applicant) (Environment and Land Judicial Review Case E001 of 2022) [2024] KEELC 4743 (KLR) (3 June 2024) (Ruling)

Facts

The ex-parte applicant obtained a judgment against the 2nd respondent in 1996 for Kshs. 8,241,156/=, which was not satisfied. The applicant then filed an application for judicial review seeking an order of mandamus to compel the respondents to settle the decretal amount.

Issues

1. Whether the applicant has made out a case for the grant of the orders sought in the application.
2. Whether the respondents have complied with the order of mandamus.

Reasoning

The court finds that the 1st respondent is responsible for facilitating the payment of the decretal amount and that there is no evidence demonstrating that the county executive budged for the applicant's claim. The court is inclined to allow the application due to the 1st respondent's failure to comply with the order of mandamus.

Outcome

The court grants the applicant's notice of motion and issues a notice to show cause for the 1st respondent.

Authorities cited