' REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
JUDICIAL REVIEW DIVISION
JUDICIAL REVIEW APPLICATION NO E345 OF 2025
PANAFRICAN EQUIPMENT (KENYA) LIMITED………………………..APPLICANT
VERSUS
COUNTY EXECUTIVE MEMBER, FINANCE, ICT,
AND ECONOMIC PLANNING, COUNTY GOVERNMENT
OF KIAMBU………………………………………………………….…….. RESPONDENT
RULING
The Chamber Summons dated 2 nd October 2025 is brought under certificate of urgency. I however find no urgency involved. I decline to certify it as urgent.
On the main prayers, the applicant seeks leave of court to apply for Judicial Review orders of mandamus to compel the Respondents to settle decree and certificate of orders against the Government given on 14/3/2024, issued on 18/2/2025 in Nairobi HC COMM Case No. E550/2020 for a sum of Kshs.27,144,955.32; inclusive of interest at 14% p.a plus taxed costs.
I note that the certificate of order against the Government and demand for settlement was served upon the Respondents vide letter of 20/3/2025. I am satisfied that there is a statutory duty imposed on the Respondent to settle decree of the court pursuant to Section 21 of the Government Proceedings Act and that the applicant has no other remedy since no execution by way of attachment is permitted against the Respondent and County Governments.
Accordingly, I grant leave to the applicant to apply for mandamus order as sought in the chamber summons dated 5/11/025, prayer 2 thereof.
The main motion to be filed and served within 21 days of today in a fresh Judicial Review file, this being a Miscellaneous file.
Costs shall be in the main motion.
This file is closed.
I so order.
Dated, Signed and Delivered in Chambers at Nairobi this 6 th Day of November, 2025
R.E. ABURILI
JUDGE
'
IN THE HIGH COURT OF KENYA AT NAIROBI
JUDICIAL REVIEW DIVISION
JUDICIAL REVIEW APPLICATION NO E345 OF 2025
PANAFRICAN EQUIPMENT (KENYA) LIMITED………………………..APPLICANT
VERSUS
COUNTY EXECUTIVE MEMBER, FINANCE, ICT,
AND ECONOMIC PLANNING, COUNTY GOVERNMENT
OF KIAMBU………………………………………………………….…….. RESPONDENT
RULING
The Chamber Summons dated 2 nd October 2025 is brought under certificate of urgency. I however find no urgency involved. I decline to certify it as urgent.
On the main prayers, the applicant seeks leave of court to apply for Judicial Review orders of mandamus to compel the Respondents to settle decree and certificate of orders against the Government given on 14/3/2024, issued on 18/2/2025 in Nairobi HC COMM Case No. E550/2020 for a sum of Kshs.27,144,955.32; inclusive of interest at 14% p.a plus taxed costs.
I note that the certificate of order against the Government and demand for settlement was served upon the Respondents vide letter of 20/3/2025. I am satisfied that there is a statutory duty imposed on the Respondent to settle decree of the court pursuant to Section 21 of the Government Proceedings Act and that the applicant has no other remedy since no execution by way of attachment is permitted against the Respondent and County Governments.
Accordingly, I grant leave to the applicant to apply for mandamus order as sought in the chamber summons dated 5/11/025, prayer 2 thereof.
The main motion to be filed and served within 21 days of today in a fresh Judicial Review file, this being a Miscellaneous file.
Costs shall be in the main motion.
This file is closed.
I so order.
Dated, Signed and Delivered in Chambers at Nairobi this 6 th Day of November, 2025
R.E. ABURILI
JUDGE
'