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Ochieng & another v The Managing Director Kenya Railways Corporation & 2 others (Environment and Land Judicial Review Case E002 of 2025) [2025] KEELC 7122 (KLR) (14 October 2025) (Ruling)

[2025] KEELC 7122 (KLR) Environment & Land Court
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Court
Environment & Land Court
Case number
7122
Citation
[2025] KEELC 7122 (KLR)
Decided
14 October 2025
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeJudicial ReviewPostureEx parte Chamber Summons application seeking leave to apply for a judicial review order of MandamusCoramSO OKONG'O
Holding

The applicants are granted leave to apply for a judicial review order of Mandamus to compel the respondents to pay the decretal sum of Kshs. 76,873,366.00 plus interest and costs.

Facts

The applicants filed a suit against Kenya Railways Corporation, County Government of Kisumu, and the Attorney General in 2019. The court entered judgment for the applicants in 2022, awarding them Kshs. 27,000,000 and Kshs. 49,873,366. The applicants' costs were taxed and a certificate of order was issued.

Issues

  1. Statutory duty breach by respondents
  2. Judicial review order of Mandamus

Reasoning

The court finds merit in the application due to the applicants' established case of breach of statutory duty.

Outcome

Leave granted

Orders

  • Judicial review order of Mandamus to compel respondents to pay the decretal sum
  • Application to be filed within 21 days
  • Costs to abide the outcome of the judicial review application

Remedies

  • Payment of the decretal sum of Kshs. 76,873,366.00 plus interest and costs

Authorities cited

Legislation (2)
  • Kenya Railways Corporation Act
  • Government Proceedings Act
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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