1. The Judicial Review Notice of Motion dated 19th March 2025 seeks the following orders:
a. That the honorable court be pleased to grant an order of mandamus directed at the respondents and compelling them jointly and or severally to pay within 14 days to the applicant Miller and Company Advocates the sum owing on account of the judgment entered on 7th March 2024 and Certificate of Order dated 14th January 2025 in the Environment and Land Court Miscellaneous Application E3 of 2020 together with taxed costs and interests accruing on the judgment debt;
b. That any further relief that the court deems fit in the interests of justice;
c. That the costs of the application be provided for.
2. The application is premised on the grounds at its foot. They are as follows:
a. On 1st April 2014 the respondent instructed the ex-parte applicant to act for the first respondent the County Government of Tana River in Malindi ELC Case Number 55 of 2014;
b. The ex parte applicant thereafter provided legal services until the suit was dismissed for want of prosecution;
c. The ex-parte applicant submitted its fee note to the respondents who neglected and/or refused to settle the same prompting the filing of a bill of costs in Malindi ELC Miscellaneous Application Numbers E003 of 2020;
d. On 14th April 2021 the Bill of Costs was taxed at Kenya Shillings 3,578 936.25/-;
e. Judgment was obtained thereon on 7th March 2024 confirming the sum as payable;
f. Despite service of the certificate of order against the government issued on 14th January 2025, the respondents have failed, refused and/or neglected to settle to the amount;
g. The respondents are protected by law against execution and therefore an order of mandamus is the only lawful means through which the ex parte applicant can enforce compliance with the judgment;
h. That unless the honourable Court grants the order sought the ex-parte applicant will suffer irreparable loss and be denied the fruits of its judgment.
3. The respondents never filed any response to that Judicial Review Notice of Motion. After perusing the said Motion and the affidavit in support thereof together with the annextures, I find that the Motion is merited and ought to be granted. Consequently, I hereby grant the Motion dated 19th March 2025 as prayed in prayer number 1 thereof.
4. The costs of the motion shall be borne by the respondents jointly and severally.
Dated, signed and delivered at Malindi via electronic mail on this 27th day of June 2025.
a. That the honorable court be pleased to grant an order of mandamus directed at the respondents and compelling them jointly and or severally to pay within 14 days to the applicant Miller and Company Advocates the sum owing on account of the judgment entered on 7th March 2024 and Certificate of Order dated 14th January 2025 in the Environment and Land Court Miscellaneous Application E3 of 2020 together with taxed costs and interests accruing on the judgment debt;
b. That any further relief that the court deems fit in the interests of justice;
c. That the costs of the application be provided for.
2. The application is premised on the grounds at its foot. They are as follows:
a. On 1st April 2014 the respondent instructed the ex-parte applicant to act for the first respondent the County Government of Tana River in Malindi ELC Case Number 55 of 2014;
b. The ex parte applicant thereafter provided legal services until the suit was dismissed for want of prosecution;
c. The ex-parte applicant submitted its fee note to the respondents who neglected and/or refused to settle the same prompting the filing of a bill of costs in Malindi ELC Miscellaneous Application Numbers E003 of 2020;
d. On 14th April 2021 the Bill of Costs was taxed at Kenya Shillings 3,578 936.25/-;
e. Judgment was obtained thereon on 7th March 2024 confirming the sum as payable;
f. Despite service of the certificate of order against the government issued on 14th January 2025, the respondents have failed, refused and/or neglected to settle to the amount;
g. The respondents are protected by law against execution and therefore an order of mandamus is the only lawful means through which the ex parte applicant can enforce compliance with the judgment;
h. That unless the honourable Court grants the order sought the ex-parte applicant will suffer irreparable loss and be denied the fruits of its judgment.
3. The respondents never filed any response to that Judicial Review Notice of Motion. After perusing the said Motion and the affidavit in support thereof together with the annextures, I find that the Motion is merited and ought to be granted. Consequently, I hereby grant the Motion dated 19th March 2025 as prayed in prayer number 1 thereof.
4. The costs of the motion shall be borne by the respondents jointly and severally.
Dated, signed and delivered at Malindi via electronic mail on this 27th day of June 2025.