REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT KISUMU

MISCELLANEOUS CIVIL APPLICATION NO. 14 OF 2019

IN THE MATTER OF AN APPLICATION BY NORGEN ENTERPRISES LTD

AND
IN THE MATTER OF AN APPLICATION FOR LEAVE TO APPLY FOR JUDICIAL REVIEW BY WAY
OF MANDAMUS
AND
IN THE MATTER OF SECTIONS 2, 103, 147 & 148 OF THE PUBLIC FINANCE MANAGEMENT ACT,
2012
AND
IN THE MATTER OF SECTION 44 & 45 OF THE COUNTY GOVERNMENTS ACT, 2012
AND
IN THE MATTER OF GOVERNMENT PROCEEDINGS ACT, CHAPTER 40,
LAWS OF KENYA
NORGEN ENTERPRISES LIMITED ....................................................................APPLICANT/APPLICANT
VERSUS
THE COUNTY SECRETARY,
COUNTY GOVERNMENT OF VIHIGA ............................................. 1ST RESPONDENT/RESPONDENT
THE COUNTY EXECUTIVE MEMBER FOR FINANCE,
COUNTY GOVERNMENT OF VIHIGA ............................................. 2ND RESPONDENT/RESPONDENT
THE COUNTY GOVERNMENT OF VIHIGA.......................................3RD RESPONDENT/RESPONDENT
NOTICE OF MOTION
(Under provisions of Section 3A of the Civil Procedure Code and all other enabling provisions of the law)
TAKE NOTICE that this Honourable Court will be moved on the ____________ day of
_________________________ 2021 at 9.00 o’clock or so soon thereafter as may be possible as Counsel
for the Applicant/Applicant will be heard for ORDERS:
1. That this Honourable Court be pleased to review its order issued on 15th October 2020, and to
include the award of costs of this suit to the Applicant/Applicant.
2. That costs of this application be borne by the Respondents.

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WHICH APPLICATION is based on the following grounds and the annexed Affidavit of FAUSTINE
OSEWE, and on the following grounds, inter alia:
1. Pursuant to leave granted to the Applicant on 07th November 2019, the Applicant filed the
substantive application for judicial reveiew seeking orders that an Order Judicial Review by way
of Mandamus, directed to the County Secretary-County Government of Vihiga, the County
Executive Member for Finance-County Government of Vihiga, and the County Government of
Vihiga, the 1st, 2nd and 3rd Respondents herein respectively, to pay to the Applicant the sum the
sum of Kshs. 11, 975, 250/- together with interest at court rates of 14% per annum from the date of
filing suit and Costs of the suit of Kshs.334, 855.90/-, being the decree and certified costs in
Kisumu Cmcc No. 68 Of 2017 Norgen Enterprises Ltd Vs County Government Of Vihiga.
2. The Applicant/Applicant also sought that costs of the application to be borne by the 1st, 2nd and
3rd Respondents.
3. The Honourable Court delivered its ruling on the application on 15th October 2020 and issued an
Order Judicial Review by way of Mandamus, directed to the County Secretary-County
Government of Vihiga, the County Executive Member for Finance-County Government of
Vihiga, and the County Government of Vihiga, the 1st, 2nd and 3rd Respondents herein
respectively, to pay to the Applicant the sum the sum of Kshs. 11, 975, 250/- together with interest
at court rates of 14% per annum from the date of filing suit and Costs of the suit of Kshs.334,
855.90/-, being the decree and certified costs in Kisumu Cmcc No. 68 Of 2017 Norgen Enterprises
Ltd Vs County Government Of Vihiga.
4. The Honourable Court however inadvertently failed to award costs of the application, as
sought by the Applicant/Applicant.
5. Costs are in the discretion of this Honourabe court and it is trite law that costs for any
cause shall follow the event and therefore the Applicant seeks for orders of review of this
Honoura ble Court’s order issued on 15th October 2020, to include the award of costs of this
suit to the Applicant/Applicant.
6. It is in the interest of justice that this application be allowed.

DATED AT KISUMU THIS _____________ DAY OF _______________ 2021.

...............................................
FOR: OWITI, OTIENO & RAGOT ADVOCATES
FOR THE APPLICANT/APPLICANT

DRAWN AND FILED BY:

OWITI, OTIENO & RAGOT ADVOCATES,
AL-IMRAN PLAZA, 04TH FLOOR,
P. O. BOX 1003/ 1883/ 3051 – 40100,
KISUMU info@oorlaw.co.ke

TO BE SERVED UPON:
COUNTY ATTORNEY,
COUNTY GOVERNMENT OF VIHIGA,
P. O. BOX 344-50300,
MARAGOLI.

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 REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KISUMU
MISCELLANEOUS CIVIL APPLICATION NO. 14 OF 2019

IN THE MATTER OF AN APPLICATION BY NORGEN ENTERPRISES LTD

AND
IN THE MATTER OF AN APPLICATION FOR LEAVE TO APPLY FOR JUDICIAL REVIEW BY WAY
OF MANDAMUS
AND
IN THE MATTER OF SECTIONS 2, 103, 147 & 148 OF THE PUBLIC FINANCE MANAGEMENT ACT,
2012
AND
IN THE MATTER OF SECTION 44 & 45 OF THE COUNTY GOVERNMENTS ACT, 2012
AND
IN THE MATTER OF GOVERNMENT PROCEEDINGS ACT, CHAPTER 40,
LAWS OF KENYA
NORGEN ENTERPRISES LIMITED ....................................................................APPLICANT/APPLICANT
VERSUS
THE COUNTY SECRETARY,
COUNTY GOVERNMENT OF VIHIGA ............................................. 1ST RESPONDENT/RESPONDENT
THE COUNTY EXECUTIVE MEMBER FOR FINANCE,
COUNTY GOVERNMENT OF VIHIGA ............................................. 2ND RESPONDENT/RESPONDENT
THE COUNTY GOVERNMENT OF VIHIGA.......................................3RD RESPONDENT/RESPONDENT

SUPPORTING AFFIDAVIT
I, FAUSTINE OSEWE, of P. O. Box 1003/ 1883/ 3051 – 40100, Kisumu and a resident of Kisumu County
within the Republic of Kenya, do hereby make oath and state as follows:
1. THAT I am an advocate of the High Court of Kenya, practicing as an Associate in the firm of
OWITI, OTIENO & RAGOT ADVOCATES, and I have the personal conduct of this matter on
behalf of the Applicant in this suit, and being personally conversant with the issues raised in this
suit, and having the authority of the Applicant herein to swear this affidavit, I am competent to
swear this affidavit.
2. THAT pursuant to leave granted to the Applicant on 07th November 2019, the Applicant filed the
substantive application for judicial reveiew seeking orders that an Order Judicial Review by way
of Mandamus, directed to the County Secretary-County Government of Vihiga, the County
Executive Member for Finance-County Government of Vihiga, and the County Government of
Vihiga, the 1st, 2nd and 3rd Respondents herein respectively, to pay to the Applicant the sum the
sum of Kshs. 11, 975, 250/- together with interest at court rates of 14% per annum from the date of
filing suit and Costs of the suit of Kshs.334, 855.90/-, being the decree and certified costs in
Kisumu Cmcc No. 68 Of 2017 Norgen Enterprises Ltd Vs County Government Of Vihiga.
3. THAT the Applicant/Applicant also sought that costs of the application to be borne by the 1st,
2nd and 3rd Respondents.
4. THAT the Honourable Court delivered its ruling on the application on 15th October 2020 and
issued an Order Judicial Review by way of Mandamus, directed to the County Secretary-County
Government of Vihiga, the County Executive Member for Finance-County Government of
Vihiga, and the County Government of Vihiga, the 1st, 2nd and 3rd Respondents herein
respectively, to pay to the Applicant the sum the sum of Kshs. 11, 975, 250/- together with interest
at court rates of 14% per annum from the date of filing suit and Costs of the suit of Kshs.334,
855.90/-, being the decree and certified costs in Kisumu Cmcc No. 68 Of 2017 Norgen Enterprises
Ltd Vs County Government Of Vihiga.

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5. THAT the Honourable Court however failed to award costs of the application, as sought by
the Applicant/Applicant.
6. THAT costs are in the discretion of this Honourabe court and it is trite law that costs for
any cause shall follow the event and therefore the Applicant seeks to review its order issued
on 15th October 2020, to include the award of costs of this suit to the Applicant/Applicant .
7. THAT the Respondents herein are aware of the outstanding debt that necessitated the filing of
these judicidial review proceedings, and no explanation or justification has ever been given by the
1st and 2nd Respondents, as the Principal Officers, under an obligation to settle such debts owing
from the County Government of Vihiga, for their continued reluctance to make this payment.
8. THAT it is in the interest of justice that this application be allowed.
9. THAT what what is stated herein above is true to the best of my knowledge information

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 and belief sources whereof being disclosed.
SWORN AT KISUMU THIS ….............DAY OF ……………………….……….…… 2021.
BY THE SAID }
FAUSTINE OSEWE } ____________________________
} DEPONENT
BEFORE ME }

COMMISSIONER FOR OATHS }

DRAWN AND FILED BY:

OWITI, OTIENO & RAGOT ADVOCATES,
AL-IMRAN PLAZA, 04TH FLOOR,
P. O. BOX 1003/3051 – 40100,
KISUMU info@oorlaw.co.ke

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