Sabina Zaverio Masaku v County Sectretary, County Government of Meru & 2 others [2021] KEHC 2341 (KLR)
- Court
- High Court of Kenya
- Case number
- 2341
- Citation
- [2021] KEHC 2341 (KLR)
- Decided
- 10 November 2021
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeJudicial ReviewPostureEx parte application for mandamusCoramHON. C.K. NZILI, ELC J
Holding
The motion is allowed with costs to the applicant.
Facts
The applicant seeks to compel the respondents to honor a decree for Kshs. 1,674,875 issued in Nkubu PMCC No. 9/2016, dated 18/7/2018. The respondents claim lack of budgetary allocation during the financial year 2019/2010 as the reason for non-honoring the decree.
Issues
- Whether the respondents are required to honor the decree issued in Nkubu PMCC No. 9/2016
- Whether the respondents have complied with the requirements of Order 29 of Civil Procedures Rules and Section 21 of the Government Proceedings Act
Reasoning
The Court finds the omission in the verifying affidavit curable under Articles 22 and 159 of the Constitution as read together with Section 1A and 1B of the Civil Procedure Act. The decree was valid and the respondents have admitted indebtedness.
Outcome
Allowed
Orders
- The respondents are ordered to honor the decree for Kshs. 1,674,875 issued in Nkubu PMCC No. 9/2016
Remedies
- Costs to the applicant
Authorities cited
Legislation (3)
- County Government Act 2012
- Civil Procedure Act
- Government Proceedings Act
Cases cited (3)
- Tana River Pastoralists Development Organization & 4 Others –vs- National Environment Management authority & 6 Others [2009] eKLR
- Kenya National Examination Council –vs- Republic [1997] eKLR
- Mwinyi Swaleh Mwarika –vs- County Secretary, County Government of Mombasa & 2 Others [2021] 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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