Republic v County Secretary, Nairobi City County & 3 others;Koceyo & Co. Advocates(Ex Parte) [2020] KEHC 8751 (KLR)
- Court
- High Court of Kenya
- Case number
- 8751
- Citation
- [2020] KEHC 8751 (KLR)
- Decided
- 21 January 2020
The court found that the Respondents are under a public duty and obligation to satisfy the decrees and orders issued in favor of the Applicant, and the Applicant is entitled to the relief it seeks.
Facts
The Applicant, Koceyo and Company Advocates, filed a substantive application for judicial review orders against the County Secretary, County Executive Member in charge of Finance, and the Chief Officer in charge of Finance of Nairobi City County. The Applicant claims that the County Government of Nairobi has failed to pay for legal services rendered.
Issues
- Whether the Respondents are under a public duty and obligation to satisfy the decrees and orders issued in favor of the Applicant.
- Whether the Applicant is entitled to the relief it seeks.
Reasoning
The court considered the nature of the remedy of mandamus and the public duty of the Respondents to pay funds owed to the Applicant. The court ruled in favor of the Applicant, granting an order of mandamus.
Outcome
The court granted an order of mandamus to compel the Respondents to satisfy the decretal sums.
Orders
- An order of mandamus to compel the County Secretary, County Executive Member in charge of Finance, and the Chief Officer in charge of Finance of Nairobi City County to satisfy the decretal sum of Kshs 2,436,044.05 together with interest and costs as awarded by the court in various matters.
Remedies
- An order of mandamus
Authorities cited
Legislation (1)
- Government Proceedings Act, Section 21(4)
Cases cited (4)
- Republic vs Kenya National Examinations Council ex parte Gathenji and Others (1997) e KLR
- Soloh Worldwide Inter-enterprises vs County Secretary Nairobi County and Another (2016) eKLR
- Republic vs Town Clerk, Kisumu Municipality ex parte East African Engineering Consultants (2007) e KLR
- Wachira Nderitu, Ngugi & Company Advocates vs Town Clerk City Council of Nairobi (2015) e KLR
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