[2016] KEHC 1859 (KLR)
The court found that the applicants had obtained valid judgments against the respondents in the Chief Magistrate's Court, which remained unsatisfied. The respondents did not oppose the application and admitted the existence of the judgments. The court held that the applicants had a clear legal right to enforcement...
Source-derived case information.
- Citation
- [2016] KEHC 1859 (KLR)
- Parties
- Applicant: Charles Kariuki Mwaniki; Applicant: David Kinyua; Applicant: Sospeter Kiboi Maina; Applicant: Francis Maina; Applicant: Samson Sitai Kariuki; Applicant: Charles Kariuki Ndirangu; Respondent: The Honourable Attorney General; Respondent: The Principal Secretary, Ministry of Interior and Coordination National Government
- Court
- High Court
- Court Station
- High Court at Nanyuki
- Jurisdiction
- Kenya
- Case Number
- Judicial Review 5 of 2016
- Procedural Posture
- Judicial Review / Judgment
- Outcome
- Order of mandamus granted. Respondents to pay judgment awards within 60 days. Applicants awarded costs.
- Judges
- MM Kasango
- Legal Topics
- Judicial Review, Mandamus, Enforcement of Judgments
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Charles Kariuki Mwaniki
Applicant
David Kinyua
Applicant
Sospeter Kiboi Maina
Applicant
Francis Maina
Applicant
Samson Sitai Kariuki
Applicant
Charles Kariuki Ndirangu
Applicant
The Honourable Attorney General
Respondent
The Principal Secretary, Ministry of Interior and Coordination National Government
Respondent
Procedural Posture
Judicial Review / Judgment
Legal Issues
- 1 Whether an order of mandamus should issue to compel the respondents to satisfy judgment awards in favour of the applicants.
- 2 Whether the respondents have failed to satisfy the judgments despite being aware of them.
Ratio Decidendi
The court found that the applicants had obtained valid judgments against the respondents in the Chief Magistrate's Court, which remained unsatisfied. The respondents did not oppose the application and admitted the existence of the judgments. The court held that the applicants had a clear legal right to enforcement and that mandamus was the appropriate remedy to compel the respondents, as public authorities, to satisfy the judgment debts. The court therefore issued an order of mandamus compelling the respondents jointly and severally to pay the amounts awarded in the specified civil cases within 60 days.
Court Disposition
Order of mandamus granted. Respondents to pay judgment awards within 60 days. Applicants awarded costs.
Orders
- An order of mandamus is issued compelling the respondents jointly and severally to satisfy the judgment awards in Nanyuki Chief Magistrates Court Civil Case Nos. 108 of 2009, 26 of 2007, 100 of 2009, 62 of 2007 and 61 of 2007 by paying the amounts awarded therein within 60 days from the date of judgment.
- Applicants are awarded costs of this suit.
Full Case Text
Judgment text and source record
34 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NANYUKI
JUDICIAL REVIEW CASE NO. 5 OF 2016
CHARLES KARIUKI MWANIKI …………………………….………… 1ST APPLICANT
DAVID KINYUA ………………………..……………………..…..…… 2ND APPLICANT
SOSPETER KIBOI MAINA ………………………………..…….…… 3RD APPLICANT
FRANCIS MAINA ………………………...…………...................…… 4TH APPLICANT
SAMSON SITAI KARIUKI ………………….…..…………………….… 5TH APPLICANT
CHARLES KARIUKI NDIRANGU …………..……………………..…… 6TH APPLICANT
Versus
THE HONOURABLE ATTORNEY GENERAL ……....……………. 1ST RESPONDENT
THE PRINCIPAL SECRETARY, MINISTRY OF INTERIOR
AND COORDINATION NATIONAL GOVERNMENT………........….. 2ND RESPONDENT
JUDGMENT
1. The six ex-parte applicants have brought this action seeking an order of mandamus to issue against the respondents jointly and severally to satisfy the judgment awarded in various civil suits in Nanyuki Chief Magistrate’s court. The ex-parte applicant obtained judgment in Chief Magistrate’s court as follows:-
a) Nanyuki CMCC No. 108 of 2009 – Kshs.595,705/= inclusive of costs
b) Nanyuki CMCC No. 26 of 2007 – Kshs.191,478/= inclusive of costs
c) Nanyuki CMCC No. 100 of 2009 – Kshs.40,000/= No costs awarded.
d) Nanyuki CMCC No. 62 of 2007 – Kshs. 288,305/= inclusive of costs
e) Nanyuki CMCC No. 61 of 2007 – Kshs.312,655,705/= inclusive of costs
2. Although the respondents were served with the Notice of Motion dated 2nd June 2016 they did not oppose it by filing any response to the same. Learned Counsel Mr. Muthuri for the respondents confirmed that the respondents were aware of those judgments and effort was being made to pursue payments to the ex-parte applicant. He requested that the respondents be given time to arrange for the payments. Learned Counsel Mr. J. M. Mwangi submitted that since the respondents had not raised any issue in law to oppose the order sought he prayed that the orders be granted and that the respondents be given 60 days to make payments.
3. I have considered the Notice of Motion of the ex-parte applicants and indeed I have confirmed that the ex-parte applicants have obtained judgments against the respondents which the respondent’s learned counsel confirmed had not been satisfied. With that in mind an order is hereby issue of mandamus to compel the respondents jointly and severally to satisfy the judgment awards in Nanyuki Chief Magistrates Court Civil Case Nos. 108 of 2009, 26 of 2007, 100 of 2009, 62 of 2007 and 61 of 2007 by paying the amount awarded therein within 60 days from today’s judgment. The ex-parte applicants are awarded costs of this suit.
DATED AND DELIVERED THIS 9TH DAY OF NOVEMBER 2016.
MARY KASANGO
JUDGE
CORAM:
Before Justice Mary Kasango
Court Assistant – Njue
For Applicants: ………………………….………….
For the State: ….....................................
COURT
Judgment delivered in open court.
MARY KASANGO
JUDGE