The application before the court today is the one dated 28th October 2024 brought by the applicant against the respondent. Counsel for the applicant argued that because the respondent has not filed any response to the application, the same should be allowed in its entirety and that the respondent be punished by way of committal to civil jail for failing to satisfy the decree the subject matter of the suit.
The respondent appeared through Leonard Ngiroh Lemareng who told the court that he is the Acting Clerk of the Respondent County Assembly together with Jaacunta Tulei who is the Legal Cousel of the Respondent County Assembly. They stated that the County Assembly is willing to pay the entire decretal amount including the hitherto disputed storage charges and that is the reason why they did not file any papers in response to the application. They asked that they be given time to settle.
Having considered the oral submission made my direction are as follows:
Since I am interacting with this file for the for the first time, the same having been transferred from Kitale, I do not have the full history of what has transpired before as regards the payments because the file that I have does not disclose much.
I am therefore inclined to give the current Clerk of the County Assembly now present in Court the benefit of the doubt when he says that the County is committed to pay6ing this debt in full. I shall therefore grant him the time that he seeks and direct that the parties engage in a bid to have all the monies owed which is inclusive of storage charges paid to the Applicants as undertaken.
The end date as prayed by the Clerk shall be 30th March 2025. Mention on 28th April 2025 to confirm compliance and for further orders.
Read, Dated and Signed at Eldoret on 28th January 2025.
E. OMINDE
JUDGE