Republic v County Secretary (Nairobi City County) & another Ex-parte Catherine W Ngala practicing as CW Ngala & Co Advocates [2014] KEHC 8291 (KLR)
- Court
- High Court of Kenya
- Case number
- 8291
- Citation
- [2014] KEHC 8291 (KLR)
- Decided
- 13 October 2014
An order of mandamus is issued compelling the County Secretary and Chief Officer Finance/County Treasurer to pay the decretal sums to the applicant.
Facts
The applicant, Catherine W. Ngala, seeks orders for mandamus against the County Secretary and Chief Officer Finance/County Treasurer of Nairobi City County to compel them to pay decretal sums totaling Kshs. 19,771,403.55, including accrued interest, arising from Advocate/Client costs taxed and decreed by the court.
Issues
- Compulsory payment of decretal sums by the County Secretary and Chief Officer Finance/County Treasurer
- Statutory duty of public officers to perform their duties as directed by Parliament
Reasoning
The court finds merit in the application and grants the mandamus order, emphasizing the public officer's duty to perform statutory duties as directed by Parliament.
Outcome
The applicant is granted an order of mandamus to compel the County Secretary and Chief Officer Finance/County Treasurer to pay the decretal sums.
Orders
- An order of mandamus is issued compelling the County Secretary and Chief Officer Finance/County Treasurer to pay the decretal sums to the applicant
Remedies
- Compulsory payment of decretal sums
Authorities cited
Legislation (3)
- County Government Act No. 17 of 2012
- Urban Areas and Cities Act No. 13 of 2011
- Constitution of Kenya
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