Republic v County Secretary Nyamira County Government & 3 others; Nyachiro t/a Nyachiro Nyagaka & Co Advocates (Exparte Applicant) (Judicial Review Application E026 of 2023) [2023] KEELRC 3429 (KLR) (19 December 2023) (Ruling)
- Court
- Employment & Labour Relations Court
- Case number
- 3429
- Citation
- [2023] KEELRC 3429 (KLR)
- Decided
- 19 December 2023
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeJudicial Review ApplicationPostureEx Parte Applicant seeks orders compelling Respondents to pay judgment debt and interestCoramCHRISTINE N. BAARI
Holding
The Ex Parte Applicant is entitled to the reliefs sought
Facts
The Ex Parte Applicant seeks to enforce a judgment debt of Kshs. 1,068,437.49, together with accrued interest, from the County Government of Nyamira. The Respondents have not settled the decretal sum despite knowledge of the decree and a certificate of order.
Issues
- Whether the Ex Parte Applicant is entitled to the reliefs sought
- Whether the Respondents are compelled to pay the judgment debt and interest
Reasoning
The Respondents admitted liability but failed to commit on how to settle the liability. The Ex Parte Applicant complied with the procedures applicable in execution against government.
Outcome
The Ex Parte Applicant is granted an order of Mandamus compelling the Respondents to pay the judgment debt and interest
Orders
- An order of Mandamus be and is hereby issued directed to the Respondents jointly and severally compelling them to forthwith and without delay perform their duty by causing to be paid to the Ex Parte Applicant out of the revenue of the County Government of Nyamira interest at 14% per annum from the date of this ruling
Remedies
- Payment of judgment debt and interest
Authorities cited
Legislation (3)
- Article 23(3)(f) and 47 of the Constitution
- Order 53 Rule (1), (2) & (4) of the Civil Procedure Rules
- 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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