I have perused the Exparte chamber summons dated 28/02/2025, the grounds and statutory statement together with the annexures thereto the verifying affidavit sworn by Solomon Kuria on 28/02/2025. The application seeks for Judicial Review orders of Mandamus to issue to compel the Respondents to settle decree issued in Milimani CMCC E5892/2020 dated 27/08/2024 and issued on 21/11/2024. The decree, certificate of costs, certificate of order against the government and demand for settlement served on 23/01/2025 have been annexed.
I am satisfied that the applicant has satisfied the requirements under Section 21 of the Government Proceedings Act; Cap 40 Laws of Kenya. I grant leave to the exparte applicant to institute Judicial Review proceedings for Mandamus to compel the Respondents herein being the County Secretary, County Government of Homabay, the CEC, Finance, County Government of Homabay and the Chief Officer, Finance, County Government of Homabay to settle decree in Milimani CMCC E5892/2020 as per the certificate of order against the Government dated 13/12/2024 and issued on 19/12/2024 for the sum of KShs. 3,062,412.28 plus interest at 12% per annum from 19/10/2020 as per the decree until payment in full.
The substantive Notice of Motion shall be filed and served within 21 days of today and in a separate fresh file; accompanied by the order for leave to apply. Costs of the application herein for leave shall be in the Substantive Motion. The registry to expeditiously notify the applicant’s counsel of this ruling and order.
This file is therefore closed.