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Republic v County Secretary, Trans Nzoia County Government & another Ex parte Veteran Pharmaceuticals Limited [2019] KEHC 10477 (KLR)

[2019] KEHC 10477 (KLR) High Court of Kenya
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Court
High Court of Kenya
Case number
10477
Citation
[2019] KEHC 10477 (KLR)
Decided
22 January 2019
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeJudicial ReviewPostureApplication for Orders of MandamusCoramP. NYAMWEYA
Holding

An order of mandamus is granted to compel the Respondents to pay the decretal amount and accrued interest.

Facts

Veteran Pharmaceuticals Limited obtained a decree for Kshs 2,394,100 and Kshs 234,532 in Nairobi High Court. The company seeks orders of mandamus against the County Secretary and Chief Officer Finance/County Treasurer to compel them to pay the decretal amount and accrued interest.

Issues

  1. Are the Respondents under a public duty to satisfy the decree?
  2. Is the Applicant entitled to the relief he seeks?

Reasoning

The court held that the Respondents are under a public duty to satisfy the decree and orders issued in favour of the Applicant. The court also ruled that the Applicant is entitled to the relief he seeks.

Outcome

The Applicant is granted an order of mandamus.

Orders

  • An order of mandamus directed to the Respondents to comply and pay the Applicant the decretal amount of Kshs 2,394,100 with interest and taxed costs of Kshs 234,532 with interest.
  • The ex parte Applicant shall have the costs of the Notice of Motion of Kshs 30,000.

Remedies

  • Payment of the decretal amount and accrued interest.
  • Payment of the taxed costs and accrued interest.

Authorities cited

Legislation (1)
  • Government Proceedings Act
Cases cited (1)
  • Republic vs Kenya National Examinations Council exparte Gathenji and 9 Others, [1997] 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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