Automated Summary
Key Facts
The applicant, J.M. Ngenga & Co. Advocates, seeks judicial review to compel the Chief Officer for Finance, Nairobi City County to settle a decree of Kshs. 100,533,222.23 issued on July 17, 2025. This amount represents advocate/client fees awarded in a prior judgment (December 19, 2024) in case E391/2022. The court granted leave for judicial review proceedings despite minor omissions in the application, noting previous similar applications were struck out due to technical issues. The main motion must be filed within 21 days in a fresh judicial review file.
Issues
The court considered whether to grant leave for a judicial review mandamus application seeking to compel the Nairobi City County Chief Officer for Finance to settle a decree and certificate of order for advocate/client fees of Kshs. 100,533,222.23 awarded in a prior judgment (HCCOMM E391/2022). Despite minor omissions in the application, the statutory statement and attached documents satisfied the court that the applicant has an arguable case, leading to the grant of leave for the judicial review proceedings.
Holdings
- The court made no orders regarding costs.
- The main motion must be filed within 21 days, with overpaid fees credited and the motion to be in a new Judicial Review file.
- The court closed the file.
- The court granted the applicant leave to proceed with the Judicial Review application, requiring citation of the primary suit where the decree was issued.
Remedies
The court granted leave to the applicant to file Judicial Review proceedings to compel the Chief Officer for Finance, Nairobi City County to settle a decree and certificate of order for Kshs. 100,533,222.23 issued on 17/7/2025. The applicant is directed to cite the primary suit (HCCOMM E391/2022) and file the main motion within 21 days.
Legal Principles
Judicial Review (ultra vires, proportionality, Wednesbury)
Precedent Name
J.M. Njenga & Co. Advocates LLP v Nairobi City County
Judge Name
R. E. Aburili
Passage Text
- 4. Accordingly, I am satisfied that the applicant has an arguable case for consideration on its merits.
- 1. The applicant seeks leave of court to apply for Judicial Review orders of mandamus to compel the Respondent, Chief Officer, Finance, Nairobi City County Government to settle decree and certificate of order against the Government in the sum of Kshs. 100,533,222.23 issued on 17/7/2025 being advocate/client fees awarded vide judgment of 19/12/2024 in NRB HCCOMM No. E391/2022/J.M. Njenga & Co. Advocates LLP v Nairobi City County.
- 5. I grant leave to the applicant to file Judicial Review proceedings as sought in prayer 1 of the chamber summons dated 2/3/2026. The applicant to cite the primary suit in which decree and certificate of order against the Government were issued.