I have perused the application dated 20/5/2025 by way of chambers summons. The applicant seeks leave of court to apply for Judicial Review orders of mandamus to compel the Chief Registrar of the Judiciary to settle decree and certificate of order against the Government dated 10/10/2022 and judgment rendered on 28/3/2029.
I have perused the application and the accompanying documents. I am satisfied that the application meets the threshold of Section 21 of the Government Proceedings Act.
There is judgment, decree, certificate of order against the Government and a demand for settlement all served upon the Attorney Generals’ office on 13/6/2023.
As no execution can issue against the Government, as stipulated in Section 25 of the Government Proceedings Act and Order 29 of the Civil Proceedings Rules, the only remedy available to the applicant decree holder in Milimani CMCC 1694/2015 is that of mandamus to compel the accounting officer of the Judiciary to perform the public duty under Section 21 of the Government Proceedings Act and the Public Finance Management Act to settle decree of the court.
Accordingly, as the decree issued vide judgment of 28/3/2019 is alive, I hereby grant leave to the applicant to apply for Judicial Review orders of mandamus.
The substantive motion to be filed and served in a separate file within 21 days of today in a separate court file, this being a Miscellaneous matter, and full court fees be paid.
I make no orders as to costs of this application for leave.
This file is closed.
Dated, Signed and Delivered at Nairobi this 22 nd Day of May, 2025
I have perused the application and the accompanying documents. I am satisfied that the application meets the threshold of Section 21 of the Government Proceedings Act.
There is judgment, decree, certificate of order against the Government and a demand for settlement all served upon the Attorney Generals’ office on 13/6/2023.
As no execution can issue against the Government, as stipulated in Section 25 of the Government Proceedings Act and Order 29 of the Civil Proceedings Rules, the only remedy available to the applicant decree holder in Milimani CMCC 1694/2015 is that of mandamus to compel the accounting officer of the Judiciary to perform the public duty under Section 21 of the Government Proceedings Act and the Public Finance Management Act to settle decree of the court.
Accordingly, as the decree issued vide judgment of 28/3/2019 is alive, I hereby grant leave to the applicant to apply for Judicial Review orders of mandamus.
The substantive motion to be filed and served in a separate file within 21 days of today in a separate court file, this being a Miscellaneous matter, and full court fees be paid.
I make no orders as to costs of this application for leave.
This file is closed.
Dated, Signed and Delivered at Nairobi this 22 nd Day of May, 2025