Republic v County Secretary, Nairobi City County Ex Parte George Kibutha Suing through Next Friend Felister Njeri Kibutha [2021] KEHC 6457 (KLR)
- Court
- High Court of Kenya
- Case number
- 6457
- Citation
- [2021] KEHC 6457 (KLR)
- Decided
- 13 May 2021
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeJudicial ReviewPostureEx parte application for mandamusCoramP. NYAMWEYA
Holding
The ex parte applicant's application is premature as the requisite procedure has not been followed.
Facts
The ex parte applicant, George Kibutha, seeks an order of mandamus against the County Secretary, Nairobi City County, to settle a decree in Nairobi CMCC No. 5818/08 for Kshs. 898,475.06 with interest, and to commit the respondent to civil jail if the decree is not settled within 14 days.
Issues
- Whether the respondent is under a public duty to satisfy the ex parte applicant's decree
- Whether the ex parte applicant is entitled to the relief sought
Reasoning
The court held that the ex parte applicant failed to follow the proper procedure as required by the Government Proceedings Act, and thus the application was premature.
Outcome
The Notice of Motion is struck out with no order as to costs.
Orders
- The Notice of Motion is struck out with no order as to costs
- The ex parte applicant is at liberty to commence fresh judicial review proceedings for an order of mandamus once the procedure in the Government Proceedings Act has been complied with
Remedies
- None
Authorities cited
Legislation (1)
- Government Proceedings Act
Cases cited (2)
- Republic vs Kenya National Examinations Council exparte Gathenji and 9 Others
- Republic vs Principal Secretary, Ministry of Internal Security & another ex parte Schon Noorani & Another
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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