Case ID:166614
Parties: None
Date Delivered: None
Case Type: None
Court: None
Judges: None
Citation: None
Republic v Jacinta Aluoch Odhiambo, County Secretary, Kakamega County & another [2020] eKLR
Case Metadata
Case Number:
Judicial Review 30 of 2020
Parties:
Republic v Jacinta Aluoch Odhiambo, County Secretary, Kakamega County & Geoffrey Nafuko Omulayi, Finance Officer/Treasurer, Kakamega County
Date Delivered:
20 Nov 2020
Case Class:
Civil
Court:
High Court at Kakamega
Case Action:
Ruling
Judge(s):
William Musya Musyoka
Citation:
Republic v Jacinta Aluoch Odhiambo, County Secretary, Kakamega County & another [2020] eKLR
Court Division:
Judicial Review
County:
Kakamega
Disclaimer:
The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KAKAMEGA
JUDICIAL REVIEW NO. 30 OF 2020
REPUBLIC
.................................................................................APPLICANT
VERSUS
JACINTA ALUOCH ODHIAMBO, COUNTY
SECRETARY, KAKAMEGA COUNTY
.......................1
ST
RESPONDENT
GEOFFREY NAFUKO OMULAYI,
FINANCE OFFICER/
TREASURER, KAKAMEGA COUNTY
......................2
ND
RESPONDENT
RULING
1. What is for determination is the Motion dated 7
th
July 2020, seeking a
mandamus
order against the respondents, with respect to enforcement of an order and a money decree made in Kakamega HC Misc. No. 157 of 2014 and Civil Suit No. 14 of 2017. The same was canvassed by way of written submissions. Both sides filed detailed written submissions, supported by case law.
2. From the filings, both the submissions and the affidavits, it emerged that there is an appeal against the decree in Kakamega HC Misc. No. 157 of 2014 and Civil Suit No. 14 of 2017, being Kisumu CACA No. 54 of 2020. Clearly, therefore, the decree on record is not final.
3. The order of
mandamus
is issued in execution or enforcement of a decree against government. Ideally, where an appeal pends against an order or decree, the same does not operate as a stay of enforcement of the decree or order. However, pendency of an appeal is evidence that the litigation is not yet complete or finalized over the matter in dispute or controversy. A determination of the appeal in favour of the appellant could have serious consequences, where the decree has since been enforced by way of execution.
4. In view of the above, I am of the view that this court should not consider the Motion before it on the
mandamus
order. Let the respondents exhaust the appeal options available to them before the Motion is determined, for the court should not act in vain. Determination of the Motion, dated 7
th
July 2020, is therefore, to be held in abeyance, pending hearing and determination of the appeal in Kisumu CACA No. 54 of 2020.
5. It is so ordered.
DELIVERED, DATED AND SIGNED IN OPEN COURT AT KAKAMEGA THIS.....
20
th
.......DAY OF.......November........2020
W MUSYOKA
JUDGE