Vide the Notice of Motion dated 26th June 2025, the ex parte applicant seeks for :
a) An order of Judicial Review by way of Mandamus to issue directed at the County Secretary County Government of Kisumu, the County Executive Committee Member for Finance County Government of Kisumu and the County Government of Kisumu being the 1st, 2nd, and 3rd respondents herein respectively, to compel them to pay to the applicant a sum of Kenya shillings two hundred and twenty nine thousand, two hundred and ten shillings and twenty four cents only (Kshs 229,210.24) together with interest at court rates of 14% per annum from 21. 07. 2022 until payment in full together with costs of Kenya shillings thirty thousand (34,915) being the decree and certified costs in KISUMU ELC MISC NO. 36 OF 2021 between Otieno, Ragot & Co. Advocates vs County Government of Kisumu.
b) The costs of the application be borne by the respondents herein.
The record shows that leave to bring the Judicial Review application had been granted on 23/6/2025.
The application was based on the grounds contained in the Statement of Facts dated 19/4/2024, the Affidavit Verifying the Facts and the annextures thereto. These grounds are that judgment was on 16/3/2023 entered for the applicant and against the respondents for Kshs. 229,210.24 together with interest at court rates from 21/07/2022 until payment in full together with costs of Kshs. 34,915.
That the applicant has served the Respondents with both the decree and Certificate of Costs in accordance with Order 29 Rule 3 of the Civil Procedural Rules as read with section 21 of the Government Proceedings Act.
That the respondents have failed to pay and that the respondents have a legal and constitutional obligation to comply with court orders.
The respondents filed a Replying Affidavit sworn on 25/1/2026 by Martin Okode, the Chief Finance Officer County Government of Kisumu. The respondents do not deny the applicant’s claim but aver that they have commenced the process of realizing the claim as provided for under the Public Finance Management Act which process may end around the month of May 2026. However, no document was exhibited to demonstrate that there are efforts in place for processing the applicant’s claim.
Having read the grounds upon which the application is brought and the annextures to the application evidencing the respondents’ indebtedness, and considering that the claim is not contested, I find that the Judicial Review application has merit and hereby allow it.
Costs of the application are awarded to the applicant.
Orders accordingly.
Judgement dated ad signed at Kisumu and delivered virtually this 29th day of January 2026.
E. ASATI,
JUDGE.
In the Presence of :
Maureen - Court Assistant
N/A for the applicant.
Jane Odhiambo for the Respondents.
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