1. This matter was filed on 25/11/2024 by the applicant Upbeat Technologies Limited seeking leave of court to apply for Judicial Review orders of mandamus compelling the Respondent Clerk, Nairobi City County Assembly service Board to forthwith satisfy the Judgment, Decree, Certificate of Taxation and Certificate of Order Against Nairobi City County Assembly Service Board in MCCOMMSU No. 739/2021 between Upbeat Technologies Limited vs Nairobi City County Assembly Service Board. It also pray for costs of these proceedings.
2. Before delivering into the grounds and merits of the chamber summons which this court in its discretion can consider it exparte, I observe that the Respondent being sued is described as the Clerk Nairobi, City County Assembly Service Board.
3. Additionally, the prayer for mandamus is directed at the person or office holder described as the Clerk Nairobi City County Assembly Service Board.
4. Section 148(4) of the Public Finance Management Act expressly provides that the clerk to the County Assembly shall be the Accounting Officer of the County Assembly. See Council of Governors & Others vs The Senate Petition No. 413/2014.
5. Thus, although the defendant in the Nairobi Commercial CMCOM E739/2021 was The Nairobi City County Assembly Board, the orders for mandamus can only issue and be directed at the Accounting Officer of the County Assembly and that is the clerk of the County Assembly.
6. There is no such officer as Clerk Nairobi City County Assembly Service Board as described in the pleadings herein. Further, the prayer for mandamus does not disclose the decretal sum due on the decree and certificate of order against the Government.
7. The court cannot be asked to carry out an inquiry to establish how much is due on the decree which the accounting officer is duty bound to settle.
8. The prayer for mandamus is vague and hence, leave if granted, it will be impossible to enforce a vague decree for mandamus.
9. I find the application for leave to apply is not clearly pleaded and the orders sought are incapable of being issued against a non-entity and those prayers are too vague and generalized.
10. I decline to grant leave to apply. The application dated 30/9/2024 is struck out for being incompetence.
11. I make no orders as to costs. The applicant’s Counsel to be notified.
12. This file is closed. Ruling to be typed.
Dated, Signed and Delivered at Nairobi this 17th Day of March, 2025