1. I have perused the application dated 29/11/2024 filed under certificate of urgency, the grounds and verifying affidavit accompanied by statutory statement of facts and annexures. I do not find any urgency disclosed.
2. I decline to certify it as urgent. I observe that the application under Order 53 of the Civil Procedure Rules is and exparte and the court may in its discretion consider it in chambers or direct the Respondents to be served for interpartes consideration. In this case, there are prerequisites to be fulfilled for leave to be granted. The intended proceedings are against the County Government of Kisumu.
3. The applicant has annexed decree and consent signed by both parties to the suit in Kisumu CMCC E132/2023. There is however no certificate of Order against the Government annexed as required under Section 21 of the Government proceedings Act.
4. There is also no evidence annexed, of the demand for settlement. The two are essential documents that go hand in hand with an application for leave without which, even if this court was to grant leave to application to apply, would render the substantive Notice of Motions void.
5. For the above reasons, Order for want of Certificate of the Order against the Government and evidence of demand for settlement of the said Certificate of Order as dictated by Section 21 of the Government Proceedings Act, the chamber summons dated 29/11/2024 are hereby struck out with no orders as to costs and this file is closed.
6. The applicant is at liberty to file a fresh complaint application for leave.