Republic v County Secretary, County Government Of Kitui & another Ex-Parte Muema Kitulu Advocate [2016] KEHC 480 (KLR)
- Court
- High Court of Kenya
- Case number
- 480
- Citation
- [2016] KEHC 480 (KLR)
- Decided
- 11 October 2016
The Court held that the Respondents are under a public duty to pay the Applicant the awarded costs and that the Applicant is entitled to the relief he seeks.
Facts
The Applicant provided legal services to the County Council of Kitui and later the County Government of Kitui. The County Government withdrew instructions and the Applicant submitted Advocate/Client Bills of Costs. The Taxing Master awarded costs in favor of the Applicant, and the Court adopted the awards.
Issues
- whether the Respondents are under a public duty to pay the Applicant the awarded costs
- whether the Applicant is entitled to the relief he seeks
Reasoning
The Court cited Halsburys Laws of England, 4th Edition, Vol 1 for the definition of mandamus and argued that the County Governments are obligated to settle debts of their predecessors.
Outcome
The Court granted the Applicant's application for mandamus and ordered the Respondents to pay the awarded costs.
Orders
- Order for mandamus
- Order for payment of awarded costs
Remedies
- Mandamus
- Payment of awarded costs
Authorities cited
Legislation (1)
- County Government Act No 17 of 2012
Cases cited (1)
- Argos Fisheries Limited vs Municipal Council of Mombasa
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