State Law Office AND KIPYEGON CHELETEWON VS County Government of Baringo

RULING

1. The Ex-parte applicant is seeking for leave to apply for an order of mandamus against the Respondent through the application dated 27.08.2024.
2. The grounds in support of the application is that there is a Certificate of Taxation that the Respondent have failed to settle.
3. The Certificate of Taxation is dated 10.11.2023 and was duly served on the Respondent.
4. The Applicant in their submissions dated 09.04.2025 submitted that indeed leave to seek for an order of mandamus can be filed way after the six months’ period provided to institute Judicial Review proceeding.
5. The Court has indeed perused the authorities provided by the Ex-parte Applicant and agree that the six months period within which to apply for an Order of Certiorari does not include the Order of mandamus.
6. In fact, the authority is of the view that a party does not require leave to apply for an Order of Mandamus against a government body.
7. Consequently, therefore, the Ex-parte Applicant is directed to file the substantive application seeking for the Order of Mandamus Against the Respondents within 7 days from today’s date.
8. The Respondents are granted leave of 14 days upon service of the substantive Judicial Review application to prepare, file and serve their response.
9. This matter will be mentioned on 29.07.2025 to confirm compliance and take further directions.

IN THE PRESENCE OF;

Court Assistant: Brian

Plaintiff: Ms. Jeruto for the Ex-parte Applicant

Defendant: