' REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
JUDICIAL REVIEW DIVISION
JUDICAL REVIEW APPLICATION NO. E.143 OF 2025
ELIAS GITONGA KAARIA……………………………….1 ST EX-PARTE APPLICANT
PETER MUTEMBEI GITUMA…………………………..2 ND EX-PARTE APPLICANT
PHINEAS MUTWIRI KIRUJA………………………….. 3 RD EX-PARTE APPLICANT
DENNIS KIMATHI MURIUNGI…………………………4 TH EX-PARTE APPLICANT
GREGORY GICHURU KIRUNJA………………………..5 TH EX-PARTE APPLICANT
JUSTINE MUTUA MBURUGU………………………...…6 TH EX-PARTE APPLICANT
VERSUS
THE ATTORNEY GENERAL………………………………………...1 ST RESPONDENT
THE INSPECTOR GENERAL OF POLICE……………………..….2 ND RESPONDENT
PRINCIPAL SECRETARY MINISTRY OF INTERIOR AND
CO-ORDINATION OF NATIONAL GOVERNMENT…………..…3 RD RESPONDENT
RULING
This matter arises from Milimani High Court Commercial Division Case No. HCCCM Misc E452/2025 which was transferred to this court on 3/11/2025.
The applicant seeks leave of court to file for mandamus to compel the 3 rd Respondent to settle decree in Othaya SRM CC 29/2017 in the sum of Kshs. 1,100.000 payable to the applicants with interest at 12% p.a from23/11/2018 and costs of the suit.
Judgment was rendered on 23/11/2018 by Hon. D.M Ireri, Senior Resident Magistrate. Decree and certificate of order against the Government were issued on 23/3/2021 and 29/10/2019 respectively.
The Respondents were served through the Attorney General and demands for settlement made on 8/8/2021 through Nyeri Branch of Attorney General’s Chambers further to the demand made on 3/8/2021.
I am satisfied that Section 21 if the Government Proceedings Act has been complied with and that mandamus is the only remedy available for the applicants.
I grant leave as sought save that the sum due being Kshs.1,100,000 is to be for each to be applicant as per the decree and certificate of order against the Government dated 23/11/2018; and therefore, there being 6 applicants, the total sum due is Kshs.6,600,000/- plus costs as taxed and interest at 12% p.a from 23/11/2018 until payment in full.
The main motion to be filed and served within 21 days of today in a fresh Judicial Review file. Costs shall be in the main motion.
This file is closed.
Dated, Signed and Delivered at Nairobi this 10th Day of November, 2025
R.E. ABURILI
JUDGE
'
IN THE HIGH COURT OF KENYA AT NAIROBI
JUDICIAL REVIEW DIVISION
JUDICAL REVIEW APPLICATION NO. E.143 OF 2025
ELIAS GITONGA KAARIA……………………………….1 ST EX-PARTE APPLICANT
PETER MUTEMBEI GITUMA…………………………..2 ND EX-PARTE APPLICANT
PHINEAS MUTWIRI KIRUJA………………………….. 3 RD EX-PARTE APPLICANT
DENNIS KIMATHI MURIUNGI…………………………4 TH EX-PARTE APPLICANT
GREGORY GICHURU KIRUNJA………………………..5 TH EX-PARTE APPLICANT
JUSTINE MUTUA MBURUGU………………………...…6 TH EX-PARTE APPLICANT
VERSUS
THE ATTORNEY GENERAL………………………………………...1 ST RESPONDENT
THE INSPECTOR GENERAL OF POLICE……………………..….2 ND RESPONDENT
PRINCIPAL SECRETARY MINISTRY OF INTERIOR AND
CO-ORDINATION OF NATIONAL GOVERNMENT…………..…3 RD RESPONDENT
RULING
This matter arises from Milimani High Court Commercial Division Case No. HCCCM Misc E452/2025 which was transferred to this court on 3/11/2025.
The applicant seeks leave of court to file for mandamus to compel the 3 rd Respondent to settle decree in Othaya SRM CC 29/2017 in the sum of Kshs. 1,100.000 payable to the applicants with interest at 12% p.a from23/11/2018 and costs of the suit.
Judgment was rendered on 23/11/2018 by Hon. D.M Ireri, Senior Resident Magistrate. Decree and certificate of order against the Government were issued on 23/3/2021 and 29/10/2019 respectively.
The Respondents were served through the Attorney General and demands for settlement made on 8/8/2021 through Nyeri Branch of Attorney General’s Chambers further to the demand made on 3/8/2021.
I am satisfied that Section 21 if the Government Proceedings Act has been complied with and that mandamus is the only remedy available for the applicants.
I grant leave as sought save that the sum due being Kshs.1,100,000 is to be for each to be applicant as per the decree and certificate of order against the Government dated 23/11/2018; and therefore, there being 6 applicants, the total sum due is Kshs.6,600,000/- plus costs as taxed and interest at 12% p.a from 23/11/2018 until payment in full.
The main motion to be filed and served within 21 days of today in a fresh Judicial Review file. Costs shall be in the main motion.
This file is closed.
Dated, Signed and Delivered at Nairobi this 10th Day of November, 2025
R.E. ABURILI
JUDGE
'