Republic v Chief Officer in Charge of Finance County Government of Kericho & 2 others; Omari Kefa p/a E.M Orina Advocates (Exparte Applicant) (Environment and Land Case Judicial Review Application E004 of 2024) [2025] KEELC 3799 (KLR) (12 May 2025) (Judgment)

Facts

The Ex parte Applicant, Omari Kefa, represented the 3rd Respondent in Kericho ELC Case No. 25 of 2017, which was subsequently withdrawn. The 3rd Respondent refused to pay for the legal services rendered, leading to the filing of Kericho ELC Misc. Application No. E004 of 2024. The Ex parte Applicant was awarded a Certificate of Costs and a Certificate of Order for Kshs. 1,553,612/=.

Issues

1. Whether the Ex parte Applicant's application dated 31st July, 2024 has merit.
2. Whether the Respondents should be compelled to pay the Ex parte Applicant the awarded costs and interest.

Reasoning

The Ex parte Applicant's application is based on the failure to satisfy a decree, which warrants the grant of an order of mandamus. The Ex parte Applicant also relies on judicial decisions regarding the failure to perform a statutory obligation.

Outcome

The Ex parte Applicant's application is partially successful.

Authorities cited