' Ruling
Ruling
1. The Ex Parte Applicant has vide a Chamber Summons dated 3.9.2025, supported by the affidavit of Desmond Shivachi sworn on even date, craved for leave to bring an application for orders of mandamus against the Respondent in execution of a decree issued in Kimilili SPMCC NO 55 of 2019.
2. The Applicant has duly filed the statutory statement of facts and the affidavit in verification of the facts of even date.
3. I have duly considered the application herein, the affidavit in support thereof and the enclosures attached thereto. I have also analyzed the facts as contained in the statutory statement of facts and I do find that indeed the Respondent is yet to settle the decretal sum of Ksh 19, 868, 465.99 plus taxed costs of Ksh 327, 004 awarded to the Ex Parte Applicant in Kimilili SPMCC No 55 of 2019 hence this application, which I find to be meritorious. I thus make the following orders :-
i) This application is certified as urgent.
ii) The Ex Parte Applicant is hereby granted leave to file and serve an application for judicial review orders of mandamus against the Respondent within 21 days from the date hereof.
iii) This matter shall be mentioned on 28. 11. 2025 to confirm compliance.
Delivered, dated and Signed at Bungoma this 29th day of October 2025.
M.S. Shariff
Judge
'
Ruling
1. The Ex Parte Applicant has vide a Chamber Summons dated 3.9.2025, supported by the affidavit of Desmond Shivachi sworn on even date, craved for leave to bring an application for orders of mandamus against the Respondent in execution of a decree issued in Kimilili SPMCC NO 55 of 2019.
2. The Applicant has duly filed the statutory statement of facts and the affidavit in verification of the facts of even date.
3. I have duly considered the application herein, the affidavit in support thereof and the enclosures attached thereto. I have also analyzed the facts as contained in the statutory statement of facts and I do find that indeed the Respondent is yet to settle the decretal sum of Ksh 19, 868, 465.99 plus taxed costs of Ksh 327, 004 awarded to the Ex Parte Applicant in Kimilili SPMCC No 55 of 2019 hence this application, which I find to be meritorious. I thus make the following orders :-
i) This application is certified as urgent.
ii) The Ex Parte Applicant is hereby granted leave to file and serve an application for judicial review orders of mandamus against the Respondent within 21 days from the date hereof.
iii) This matter shall be mentioned on 28. 11. 2025 to confirm compliance.
Delivered, dated and Signed at Bungoma this 29th day of October 2025.
M.S. Shariff
Judge
'