Nyamira County Government VS Monarch Insurance Ltd AND Hesbon Kerongo Ayako Nyamira County Government VS Monarch Insurance Ltd AND Hesbon Kerongo Ayako

This ruling is in respect to the Application dated 17^th October 2024 wherein the Applicant seeks the following orders: -
Spent.
THAT this Honourable Court be pleased to stay execution of the decree, Certificate of satisfaction of order for costs against the government dated 14^th October 2024 and all consequential subsequent orders arising from Keroka CMCC No. E045 of 2021 – Hesbon Kerongo Ayako v County Government of Nyamira pending the hearing and determination of the declaratory suit.
The Honourable Court be pleased to issue a stay of execution against any form of execution, arising from the said decree and certificate of satisfaction of order for costs against the government.
The costs of this application be provided for.
The Application is supported by the Affidavit of the Applicant’s County Chief Officer, Finance Economic Planning Resource Mobilization and ICT Director, CPA Asenath Maobe, and is premised on the following grounds: -
THAT the Interested Party has obtained a Certificate of Costs dated 14.10.2024 amounting to Kshs. 418,013.75/= and has issued a 7-day notice of execution.
THAT the Applicant has filed a declaratory suit seeking that the Respondent enforces the contract and pays the Interested Party the decretal sum.
THAT the Applicant stands to suffer substantial and irreparable harm if the execution proceeds, as the execution would severely disrupt government operations, public services, and essential functions while there exists a contract of insurance with the Respondent by which the Applicant expected indemnity from.
THAT the Applicant’s declaratory suit has a strong likelihood of success, and if the execution proceeds before the hearing and determination of the suit, it would render the suit nugatory.
THAT there is no unreasonable delay in bringing this application.
THAT the Respondent will suffer no prejudice if the stay is granted as the payment of the decretal sum will be determined upon the full hearing of the declaratory suit.
THAT the balance of convenience tilts in favour of granting the stay to avoid unjust execution against public resources, which may cause irreparable damage to the public interest.
The Interested Party opposed the Application through his Replying Affidavit wherein he states as follows: -
THAT I am aware my advocate on record indeed did proceed and instituted the said proceedings vide Keroka Principal Magistrate's Court Case No. E045 of 2021: Hesbon Kerongo Ayako versus County Government of Nyamira & Another.
THAT I know of my own personal knowledge that Judgment was delivered on the 25^th Day of January, 2023 wherein the said suit was allowed.
THAT I further know of my own personal knowledge that the Court awarded me General damages of Kenya Shillings Two Hundred and ></><><>>>></><><>>></></><><>></><><>></><><>></><><>></><><>></><><>></><><>></><><>></><><>>> (></></><><>“></><><><>></><><> ></></><><>< >></><><>></><><>></><><>></><><>><><><>></><><>></><><> ></></><><> >></></></><>><>><>><>>>> ></><><>>>>><><>>, ><><>> ><>><>>> >> ></><><>></><><>(></><><>(></><><>(></><><>(></><><>(></><><>(></><><>(></><><>(></><><>><>> [> ><>><>><>>(> ></><><><>“></> </><><>>> >> >>. >> >>>> ><>><>><>> [> > >, ><>><>>[>, ></><><>“></><><>><>><>></><><></>

Nyamira County Government VS Monarch Insurance Ltd AND Hesbon Kerongo Ayako

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