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JudgmentGESAKA ONGERI VS THE COUNTY GOVERNMENT OF NYAMIRA1 min read

GESAKA ONGERI VS THE COUNTY GOVERNMENT OF NYAMIRA

Environment and Land Court at Nyamira Environment and Land Court · · Dalmas Ohungo

I have considered Notice of Motion dated 16th January 2025, the supporting affidavit and the material supplied at the leave stage.

The Notice of Motion is not opposed despite the Respondent being served. I note that judgment was delivered in favour of the Ex Parte Applicant in Nyamira ELC E038 of 2021 on 14th March 2024 for a total of KShs 1,050,000 (One Million Fifty Thousand) plus costs and interest. I have also perused the copy of Certificate of Order Against Government issued by the Deputy Registrar on 28th November 2024 where the total sum due is indicated as KShs 2,489,215/= (Two Million, Four Hundred Eighty Nine Thousand, Two Hundred Fifteen).

I grant an order of Mandamus compelling the Respondent to pay to the Ex Parte Applicant the sum of KShs 2,489,215/= as ordered in Nyamira ELC E038 of 2021. I also award the Ex Parte Applicant costs of these proceedings.

Dated, signed, and delivered at Nyamira this 19th day of March 2025.

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