Republic v County Secretary, Nairobi City County & 2 others Ex Parte Koceyo And Co.Advocates [2018] KEHC 6445 (KLR)

Facts

The Applicant, Koceyo and Company Advocates, claims unpaid legal fees for services rendered to the County Government of Nairobi in various matters. The County Government has failed to pay the Applicant, and the Applicant has filed Bills of Costs for taxation, which were taxed and certificates of taxation issued. The Applicant seeks orders compelling the County Secretary, County Executive Member in charge of Finance, and the Governor to pay Kshs 1,423,523.05 together with interest and costs.

Issues

1. Whether the Respondents are under a public duty and obligation to satisfy the decree and orders issued in favor of the Applicant.
2. Whether the Applicant is entitled to the relief he seeks.

Reasoning

The Court of Appeal discussed the nature of the remedy of mandamus and held that it is a command issued from the High Court, directed to any person, corporation, or inferior tribunal, requiring them to do a particular thing which is a public duty. The Court also held that execution proceedings against a government or public authority can only be against the accounting officer or chief officer of the said government or authority, who is under a statutory duty to satisfy a judgment made by the Court against that body.

Outcome

The Court orders the County Secretary, County Executive Member in charge of Finance, and the Governor to pay Kshs 1,423,523.05 together with interest and costs.

Authorities cited