Josephat Gathee Kibuchi v Kirinyaga County Government [2018] KEHC 4177 (KLR)
- Court
- High Court of Kenya
- Case number
- 4177
- Citation
- [2018] KEHC 4177 (KLR)
- Decided
- 25 September 2018
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureApplication for setting aside warrant of arrestCoramF. Mucemi
Holding
The warrant of arrest is declared null and void.
Facts
The plaintiff obtained a decree in 2012, and subsequently obtained a warrant of arrest against the defendant's County Secretary. Another warrant was issued in 2015, which was set aside and the plaintiff was advised to apply for mandamus. The plaintiff then obtained another warrant against the same official.
Issues
- Whether the warrant of arrest issued against the County Secretary was procedurally issued.
- Whether the consent order entered into before the amendment of the Government Proceedings Act is applicable.
Reasoning
The court ruled that the Government Proceedings Act applies to County Governments and that execution against the government must be done in accordance with the law, specifically by obtaining an order of mandamus. The plaintiff did not follow the law in obtaining the warrant of arrest.
Outcome
Application allowed
Orders
- The warrant of arrest issued on 03/04/2017 against the County Secretary Kirinyaga County Government is hereby declared null and void for all intents and purposes.
Remedies
- Each party to meet its own costs.
Authorities cited
Legislation (2)
- Government Proceedings Act
- Judicial Review Proceedings
Cases cited (1)
- Republic vs Permanent Secretary Office of the President Ministry of Internal Security & Ano Ex parte Nassir Mwandiku (2014) eKLR
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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