Prof Tom Ojienda & Associates v County Government of Migori (Miscellaneous Case E017 of 2025) [2025] KEELRC 3582 (KLR) (11 December 2025) (Ruling)
- Court
- Employment & Labour Relations Court
- Case number
- 3582
- Citation
- [2025] KEELRC 3582 (KLR)
- Decided
- 11 December 2025
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeMiscellaneous CasePostureRespondent's Motion for Order of MandamusCoramJK GAKERI
Holding
The court denied the respondent's motion for Order of Mandamus as the respondent did not provide adequate time and opportunity to satisfy the decree.
Facts
The applicant filed a Notice of Motion seeking an Order of Mandamus against the County Government of Migori. The applicant's Bill of Costs was taxed and judgment was entered against the respondents on 23rd July 2025.
Issues
- Whether the applicant met the criteria for the Order of Mandamus
- Whether the respondent had sufficient time to comply with the judgment
Reasoning
The court held that the respondent did not provide any details regarding the reasonable time required to satisfy the decree, and the absence of such details diminished the good faith and credibility of the respondent's assertions.
Outcome
Denied
Orders
- Order of Mandamus was denied
Authorities cited
Legislation (2)
- Government Proceedings Act
- Public Finance Management Act
Cases cited (11)
- Dragan v Canada (Minister of Citizenship) and Immigration)
- Republic v Principal Secretary Ministry of Internal Security & another Ex Parte Schon Noorani and another (supra)
- Republic v Jomo Kenyatta University of Agriculture & Technology Ex Parte Elijah Kamau Mwangi
- Republic v Commissioner of Lands and another Ex Parte Kithinji, Murugu Magere
- Republic v Kenya National Examinations Council Ex Parte Gathenji & 9 others
- Republic v Principal Secretary Ministry of Internal Security and another Ex Parte Schon Noorani & another (supra)
- Republic v Principal Secretary Ministry of Transport & Infrastructure & another Ex Parte Justino Pitias
- Republic v Attorney General & another Ex Parte Orbit Chemicals Ltd
- James Samuel Mburu v Attorney General & another
- Kisya Investments Ltd v Attorney General
- Susan Wayua v Attorney General & another
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.
Loading judgment…