1. Through a Notice of Motion dated 20th November, 2025, the Ex-parte Applicant sought for orders thus;
1) This honourable court be pleased to issue an order of Mandamus against the Respondents compelling them to forthwith pay the balance of the decretal sum ordered by the Honourable Justice Anthony Ndung’u on 28th October, 2024, in Nyahururu High Court Miscellaneous Case No. 23 of 2024 – Kenyan Alliance Insurance Limited v County Government of Nyadarua amounting to Kshs.16,949,781/-.
2) This honourable court do grant such further orders and other consequential orders, writs, declarations and directions as appropriate for the purpose of enforcing the decree of the court.
3) Costs of this application be borne by the Respondents.
2. The application is brought on the grounds that;
a. On 28th October, 2024, the High Court (Ndung’u J) entered judgment for the ex-parte Applicant for Kshs.38,149,124/- payable by 30th September, 2024.
b. The County Government has partially settled the judgment leaving the sum of Kshs.16,949,781/- (debt) outstanding.
c. The Respondents have declined to settle the debt despite numerous demands made to them by the Ex-parte Applicant.
d. The Ex-Parte Applicant has since obtained a certificate of order and served it upon the Attorney General and County Attorney.
e. It is fair and just to grant the orders sought in this application.
3. The application is unopposed. When the matter came for hearing on 09/03/2029, the Respondents were represented by learned counsel, Mr. Gatore who notified the court that they had agreed to settle the matter by making necessary payments. On 29/04/2026, he alluded to the Respondents waiting foe the supplementary budget which was pending approval. On the 20/05/2026, the Respondent’s counsel stated that they were to enter into a consent in respect of a schedule of payment but when the matter came up as scheduled on 17/06/2026, there was no appearance on their part.
4. It is therefore demonstrated by the Ex-parte Applicant that the Respondents made partial payment of the decretal sum leaving a balance of Kshs. 16,949,781/- The requirements of seeking for orders here in were satisfied and the Respondent are duty bound to settle the debt. Having failed and /or neglected to settle, this court must compel them to perform the duty imposed upon them (See Kenya National Examination Council v Republic GGN& 9 Others (Ex-parte) [1997] KECA 58 (KLR).
5. For that reason, I hereby order that an order of MANDAMUS be and is hereby issued compelling and/or directing the Respondents to pay the Ex-parte Applicant the outstanding sum of Kshs. 16,949,781/- forthwith.
6. Costs of the application shall be borne by the Respondents.
7. It is so ordered.
1) This honourable court be pleased to issue an order of Mandamus against the Respondents compelling them to forthwith pay the balance of the decretal sum ordered by the Honourable Justice Anthony Ndung’u on 28th October, 2024, in Nyahururu High Court Miscellaneous Case No. 23 of 2024 – Kenyan Alliance Insurance Limited v County Government of Nyadarua amounting to Kshs.16,949,781/-.
2) This honourable court do grant such further orders and other consequential orders, writs, declarations and directions as appropriate for the purpose of enforcing the decree of the court.
3) Costs of this application be borne by the Respondents.
2. The application is brought on the grounds that;
a. On 28th October, 2024, the High Court (Ndung’u J) entered judgment for the ex-parte Applicant for Kshs.38,149,124/- payable by 30th September, 2024.
b. The County Government has partially settled the judgment leaving the sum of Kshs.16,949,781/- (debt) outstanding.
c. The Respondents have declined to settle the debt despite numerous demands made to them by the Ex-parte Applicant.
d. The Ex-Parte Applicant has since obtained a certificate of order and served it upon the Attorney General and County Attorney.
e. It is fair and just to grant the orders sought in this application.
3. The application is unopposed. When the matter came for hearing on 09/03/2029, the Respondents were represented by learned counsel, Mr. Gatore who notified the court that they had agreed to settle the matter by making necessary payments. On 29/04/2026, he alluded to the Respondents waiting foe the supplementary budget which was pending approval. On the 20/05/2026, the Respondent’s counsel stated that they were to enter into a consent in respect of a schedule of payment but when the matter came up as scheduled on 17/06/2026, there was no appearance on their part.
4. It is therefore demonstrated by the Ex-parte Applicant that the Respondents made partial payment of the decretal sum leaving a balance of Kshs. 16,949,781/- The requirements of seeking for orders here in were satisfied and the Respondent are duty bound to settle the debt. Having failed and /or neglected to settle, this court must compel them to perform the duty imposed upon them (See Kenya National Examination Council v Republic GGN& 9 Others (Ex-parte) [1997] KECA 58 (KLR).
5. For that reason, I hereby order that an order of MANDAMUS be and is hereby issued compelling and/or directing the Respondents to pay the Ex-parte Applicant the outstanding sum of Kshs. 16,949,781/- forthwith.
6. Costs of the application shall be borne by the Respondents.
7. It is so ordered.