Republic v Nairobi City County Ex parte Ojienda & Company Advocates [2019] KEHC 9569 (KLR)
- Court
- High Court of Kenya
- Case number
- 9569
- Citation
- [2019] KEHC 9569 (KLR)
- Decided
- 14 February 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 issued compelling the County Secretary and County Finance Executive Member of Nairobi City County to effect payment to the Applicant of taxed costs of Kshs 191,284/=
Facts
The Applicant, Ojienda & Co Advocates, filed a judicial review application seeking orders of mandamus to compel the County Legal Secretary of Nairobi City County to settle the Applicant's taxed fee of Kshs 191,284/=, which was previously taxed in Nairobi High Court Misc. Case No. 130 of 2015.
Issues
- Whether the Respondents are under a public duty and obligation to satisfy the orders issued in favour of the Applicant.
- Whether the Applicant is entitled to the relief he seeks.
Reasoning
The Court held that the Respondents are under a public duty and obligation to satisfy the orders issued in favour of the Applicant, and the Applicant is entitled to the relief he seeks.
Outcome
The Applicant is awarded the taxed costs of Kshs 191,284/=
Orders
- An order of mandamus is hereby issued compelling the County Secretary and County Finance Executive Member of the Nairobi City County to effect payment to the Applicant of taxed costs of Kenya Shillings One Hundred and Ninety One Thousand Two Hundred and Eighty Four (Kshs 191,284/=).
Remedies
- Payment of Kshs 191,284/=
Authorities cited
Legislation (1)
- Government Proceedings Act
Cases cited (3)
- B vs. Attorney General
- Republic vs. Kenya National Examinations Council exparte Gathenji and 9 Others
- Mureithi & 2 Others vs. Attorney General & 4 Others
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.
Loading judgment…