Republic v Chief Officer, Ministry of Transport and Infrastructure Vihiga County Government & 2 others Exparte Afuma Limited; Attorney-General (Interested Party) [2020] KEHC 2459 (KLR)
- Court
- High Court of Kenya
- Case number
- 2459
- Citation
- [2020] KEHC 2459 (KLR)
- Decided
- 16 October 2020
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeJudicial ReviewPostureEx parte application seeking mandamus to compel respondents to pay a sum of Kshs. 2,175,272.60CoramW. MUSYOKA
Holding
The Motion is hereby struck out as it was not opposed.
Facts
The ex parte applicant had successfully prosecuted a suit in Vihiga RMCCC No. 74 of 2017, obtaining a money decree against the County Government of Vihiga. The decree was not settled, leading to the initiation of judicial review proceedings.
Issues
- Whether the ex parte applicant should be granted leave to bring the instant proceedings
- Whether the ex parte applicant should file a statement and verifying affidavit contemporaneously with the substantive Motion
Reasoning
The judge found that the Motion was not for granting leave and that the procedural issues raised were not valid.
Outcome
The Motion is struck out.
Orders
- The Motion is struck out.
- No order on costs.
Authorities cited
Legislation (1)
- Government Proceedings Act, Cap 40, Laws of Kenya
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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