Yang v Secretary to the IEBC & another (Judicial Review Application E294 of 2025) [2025] KEHC 13467 (KLR) (Judicial Review) (29 September 2025) (Ruling)

Summary at a glance

Facts

The applicant filed a road traffic accident case against the 2nd Respondent, the IEBC, seeking compensation. The case was dismissed due to non-joinder and misjoinder of parties. The applicant then filed a new application seeking leave to apply for mandamus against the CEO of the IEBC.

Issues

• Whether the applicant has a valid judgment and decree against the Respondents.
• Whether the IEBC is the accounting officer of the commission and can be compelled to settle the decree.
• Whether the leave to apply for mandamus is merited.

Reasoning

The court finds that the applicant has a valid judgment and decree against the Respondents and that the IEBC is the accounting officer of the commission. As no execution can issue against the Respondent, the leave to apply for mandamus is merited.

Outcome

The application for leave to apply for mandamus is granted.

Orders

• The substantive notice of motion to be filed and served within 21 days of today, in a fresh Judicial Review matter.
• Costs shall be in the main motion.

Remedies

• Compel the CEO of the IEBC to settle the decree in the sum of Kshs.530,433.00 plus interest at 12% p.a from 9/1/2019 in terms of the certificate of order against the Government in Milimani CMCC 3364/2006.