Ongeri v County Government of Nyamira (Environment and Land Case 38 of 2021) [2026] KEELC 1922 (KLR) (8 April 2026) (Ruling)
- Court
- Environment & Land Court
- Case number
- 1922
- Citation
- [2026] KEELC 1922 (KLR)
- Decided
- 8 April 2026
Summary at a glance
TypeEnvironment and Land CasePostureAppeal from an order dismissing a preliminary objectionCoramD. O. OHUNGO
The Notice to Show Cause is invalid and precluded in law
Facts
The Plaintiff filed a case against the Defendant seeking a mandamus order to compel the Defendant to settle the decretal sum. A Notice to Show Cause was issued by the County Government of Nyamira, but the Plaintiff filed a preliminary objection based on the Government Proceedings Act.
Issues
- Validity of the Notice to Show Cause issued by the County Government of Nyamira
- Legal basis for the issuance of the Notice to Show Cause
Reasoning
The Notice to Show Cause was issued following an application for execution of a decree filed under Order 22 rule 7 of the Civil Procedure Rules, which is contrary to Section 21(4) of the Government Proceedings Act and Order 29 rule 2(2)(b) of the Civil Procedure Rules.
Outcome
The Notice to Show Cause is set aside
Orders
- Notice of Preliminary Objection dated 2nd February 2026 is upheld
- Notice to Show Cause dated 23rd October 2025 is set aside
- The Defendant shall have costs of the preliminary objection
Authorities cited
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