Odindo & 13 others v County Government of Kisumu (Judicial Review E024 of 2024) [2024] KEELRC 13340 (KLR) (5 December 2024) (Ruling)
- Court
- Employment & Labour Relations Court
- Case number
- 13340
- Citation
- [2024] KEELRC 13340 (KLR)
- Decided
- 5 December 2024
The Court finds the County Government breached the applicants' legitimate expectation and issues an order of mandamus to compel payment
Facts
The applicants are retirees of a defunct local authority in Kisumu. They claim the County Assembly of Kisumu allocated Kshs.16,000,000 for their payment in the 2022/2023 budget, but the funds have not been disbursed.
Issues
- Legitimate expectation of payment
- Non-payment of dues
Reasoning
The Court relies on previous judicial decisions to establish that legitimate expectation can arise from a public authority's practice or representation, and that the County Assembly's budgetary provision for the applicants' payment was a fulfillment of that expectation.
Outcome
The Court directs the County Government to pay the applicants Kshs.16,000,000 and bears the costs of the application
Orders
- Order of mandamus to compel payment of Kshs.16,000,000
Remedies
- Payment of Kshs.16,000,000
Authorities cited
Legislation (2)
- Public Finance Management Act
- Civil Procedure Act
Cases cited (1)
- Orange Democratic Movement v Cabinet Secretary National Treasury
Loading judgment…