' JUDGEMENT
The Ex-parte Applicant herein obtained judgment in Migori CMC CC No. 20 of 2022 against the County Government of Migori for the sum of Kshs. 594,000/= together with costs assessed at Kshs. 209,465/= and interest which made the total sum owed as at the time of filing the application to be 1,692,290/=. The exparte Applicant seeks orders of mandamus to compel the Respondent to pay the said decretal sums pursuant to Section 21 (4) of the Government Procedures Act as they had refused, neglected and/ or failed to satisfy the said decree despite having been given notice of the same.
Upon filing of the application, the Respondents were duly served but they did not respond to the application. Directions were taken for canvassing of application by way of written submissions and timelines given for each party to file and serve submissions but it is only the Exparte Applicant who filed submissions dated 20th February 2025 and urged the court to issue the orders prayed for as they had satisfied and complied with the provisions of Section 21 of the Government Proceedings Act.
This court finds that the Respondent having failed to respond to the application and having failed to file submissions after duly being notified and being given timelines within which to respond and file submissions, the Exparte Applicant’s application remains unopposed and is therefore allowed as prayed. The orders of mandamus compelling the Respondents to satisfy the decree of the court in Migori CMCC No. 20 of 2022 Joseph Mwita Keraryo suing as Chairperson of Bukira Christian Children Hope Group are hereby issued. The Respondents are also condemned to pay cost and interest on the decretal sums from the date of the suit herein at 14% per annum until payment in full. Orders Accordingly.
DATED, SIGNED, AND DELIVERED AT MIGORI THIS 20th Day of November, 2025.
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The Ex-parte Applicant herein obtained judgment in Migori CMC CC No. 20 of 2022 against the County Government of Migori for the sum of Kshs. 594,000/= together with costs assessed at Kshs. 209,465/= and interest which made the total sum owed as at the time of filing the application to be 1,692,290/=. The exparte Applicant seeks orders of mandamus to compel the Respondent to pay the said decretal sums pursuant to Section 21 (4) of the Government Procedures Act as they had refused, neglected and/ or failed to satisfy the said decree despite having been given notice of the same.
Upon filing of the application, the Respondents were duly served but they did not respond to the application. Directions were taken for canvassing of application by way of written submissions and timelines given for each party to file and serve submissions but it is only the Exparte Applicant who filed submissions dated 20th February 2025 and urged the court to issue the orders prayed for as they had satisfied and complied with the provisions of Section 21 of the Government Proceedings Act.
This court finds that the Respondent having failed to respond to the application and having failed to file submissions after duly being notified and being given timelines within which to respond and file submissions, the Exparte Applicant’s application remains unopposed and is therefore allowed as prayed. The orders of mandamus compelling the Respondents to satisfy the decree of the court in Migori CMCC No. 20 of 2022 Joseph Mwita Keraryo suing as Chairperson of Bukira Christian Children Hope Group are hereby issued. The Respondents are also condemned to pay cost and interest on the decretal sums from the date of the suit herein at 14% per annum until payment in full. Orders Accordingly.
DATED, SIGNED, AND DELIVERED AT MIGORI THIS 20th Day of November, 2025.
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