Republic v Chief Officer Finance Officer, County Govrnment of Nairobi Ex parte Kennedy Wainaina Ngenga [2019] KEHC 118 (KLR)
- Court
- High Court of Kenya
- Case number
- 118
- Citation
- [2019] KEHC 118 (KLR)
- Decided
- 15 November 2019
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeJudicial ReviewPostureEx parte application for an order of mandamusCoramJ. M. Bwonwong’a, J. M. Mativo
Holding
The application should be urgently placed before Hon. Justice Mativo for further directions.
Facts
The applicant seeks an order of mandamus to compel the respondent to satisfy a decree and related certificates issued in Nairobi High Court Civil Case No. 63 of 2017. The decree was partially performed by the respondent, but has since defaulted.
Issues
- Whether it is proper to determine the application for an order of mandamus when there is an application to set aside the judgment pending before Hon. Lady Justice Muigai.
- Whether this matter should be heard before the same matter pending before Hon. Lady Justice Muigai.
- Who bears the costs of the application.
Reasoning
The judge found that the rule of prudence requires the two applications to be heard by one judge to avoid multiplicity of suits and conflicting orders. Hon. Justice Mativo, who granted the ex parte leave, is better placed to decide the issue.
Outcome
The application should be urgently placed before Hon. Justice Mativo for further directions.
Orders
- The application should be urgently placed before Hon. Justice Mativo for further directions.
Authorities cited
Cases cited (2)
- Republic v Town Clerk, Kisumu Municipality, ex parte East African Engineering Consultants [2007] 2 EA 441
- Shah v Attorney General (No 3) [1970] EA 543
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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