[2019] KEHC 1418 (KLR)
The court found that the applicant had obtained a valid judgment and decree against the Ministry of Sports & Heritage, which remained unsatisfied despite proper service of all relevant documents on the respondent. The respondent failed to provide any justification or legal basis for withholding payment of the...
Source-derived case information.
- Citation
- [2019] KEHC 1418 (KLR)
- Parties
- Applicant: David Ngugi Mbugua; Respondent: The Principal Secretary, Ministry of Sports & Heritage (Amb. Kirimi P. Kaberia)
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Civil Application 331 of 2019
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Order of Mandamus
- Outcome
- Application allowed. Order of mandamus granted.
- Judges
- JK Sergon
- Legal Topics
- Judicial Review, Mandamus, Enforcement of Judgments, Personal Injury, Government Liability
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
David Ngugi Mbugua
Applicant
The Principal Secretary, Ministry of Sports & Heritage (Amb. Kirimi P. Kaberia)
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Order of Mandamus
Legal Issues
- 1 Whether the applicant is entitled to an order of mandamus to compel the Principal Secretary, Ministry of Sports & Heritage, to pay the decretal sum awarded in Nairobi C.M.C.C. No. 1221 of 2009.
- 2 Whether there is any legal justification for the respondent's failure to settle the decree and certificate of costs.
Ratio Decidendi
The court found that the applicant had obtained a valid judgment and decree against the Ministry of Sports & Heritage, which remained unsatisfied despite proper service of all relevant documents on the respondent. The respondent failed to provide any justification or legal basis for withholding payment of the decretal sum. The court held that the applicant was entitled to an order of mandamus compelling the Principal Secretary, as the accounting officer, to pay the decretal amount, as there was no appeal or stay of execution and no explanation for non-payment. The court emphasized that public officers must comply with court orders and settle decrees issued against government ministries,...
Court Disposition
Application allowed. Order of mandamus granted.
Orders
- An order of mandamus is issued against Ambassador Kirimi Kaberia, Principal Secretary, Ministry of Sports and Heritage, compelling him to pay or cause to be paid Kshs.131,332/= being the decretal sum in Nairobi C.M.C.C No. 1221 of 2009 to David Ngugi Mbugua with accrued interest.
- The applicant is awarded costs of the motion.
Full Case Text
Judgment text and source record
36 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI
MISC. CIVIL APPLICATION NO. 331 OF 2019
IN THE MATTER OF: AN APPLICATION BY DAVID NGUGI MBUGUA
AND
IN THE MATTER OF SATISFACTION OF A DECREE AND CERTIFICATE OF
COSTS OF THE CHIEF MAGISTRATE’S COURT AT NAIROBI (MILIMANI)
DATED 17TH DECEMBER 2013 IN CIVIL CASE NO. 1221 OF 2009
BETWEEN
DAVID NGUGI MBUGUA........................................................................APPLICANT
VERSUS
THE PRINCIPAL SECRETARY, MINISTRY OF SPORTS & HERITAGE
(CURRENTLY:AMB. KIRIMI P. KABERIA)....................................RESPONDENT
RULING
1. David Ngugi Mbugua, the applicant herein, took out the motion dated 24th July 2019 in which he sought for the following orders:
(a) THAT this honourable court do grant an order of Mandamus directed to the Principal Secretary, Ministry of Sports and Heritage (currently: Amb. Kirimi P. Kaberia) to compel him to pay or cause to be paid in accordance with Laws of Kenya to DAVID NGUGI MBUGUA the sum of ksh.131,332/= plus interest at 12% until payment in full this being the decretal amount in Nairobi Chief Magistrate’s Court Civil Case no. 1221 of 2009.
(b) THAT the costs of this application be awarded to DAVID NGUGI MBUGUA.
2. The motion is supported by the statement of facts and the facts deponed in the verifying and supporting affidavits sworn by the applicant. The motion was served upon the respondent and upon the office of the Attorney General on 13th August 2019 and 20th August 2019 respectively. The respondent and the Attorney General’s office did not deem it fit to respond to the motion prompting this court to permit the applicant to prosecute the motion exparte.
3. It is the submission of the applicant that he was awarded damages in the sum of ksh.83,800 with costs and interest vide Nairobi C.M.C.C. no. 1221 of 2009 for the injuries he sustained when he was knocked down by motor vehicle registration no. GKA 310M along Thika Road on 14. 3.2009.
4. The applicant averred that the respondent was served with the relevant judgment notices and the decree together with the certificate of costs but the decree remains unsettled. The respondent’s inaction prompted the applicant to take out these proceedings seeking to compel the Principal Secretary, Ministry of Sports and Heritage, being the ministry’s accounting officer to pay the amount.
5. It is argued that the accounting officer has continued to withhold the funds without any good cause instead of releasing the same to the applicant.
6. Having considered the material placed before this court and having further considered the oral submissions of the applicant’s advocates, it is apparent that the applicant was hit and injured by motor vehicle registration no. GKA 310M while he was walking along Thika Road on 14. 3.2009. The applicant sued for damages before the Chief Magistrate’s Court, Milimani, Nairobi.
7. The respondent filed a defence to deny the applicant’s claim.
Hon. Kipkorir, learned Resident Magistrate heard the suit and in the end she gave judgment favour of the applicant and against the respondent vide her judgment delivered on 14. 10. 2013.
8. The applicant attached to the supporting affidavit a copy of the judgment and the resultant decree which shows that as of 14. 10. 2013 the principal sum plus interest stood at ksh.85,067/= while costs was assessed at ksh.46,295/= making the outstanding amount to be kshs.131,362 which amount the applicant now prays to this court to issue an order directing the ministry’s accounting officer compelled to pay.
9. It is apparent that there is no appeal to challenge the decretal sum. There is equally no reason given by the accounting officer as to why he has failed to pay the applicant to settle the decree. Ambassador Kirimi P. Kaberia was identified as the current Principal Secretary, Ministry of Sports & Heritage.
10. In the end, I am convinced that the applicant’s motion has merit. It is allowed as prayed. Consequently an order of mandamus is issued and directed against Ambassador Kirimi Kaberia, Principal Secretary, Ministry of Sports and Heritage, compelling him to pay or cause to be paid a sum of kshs.131,332/= being the decretal sum in Nairobi C.M.C.C no. 1221 of 2009 to David Ngugi Mbugua with the accrued interest.
11. The applicant is awarded costs of the motion.
Dated, signed and delivered at Nairobi this 1st day of November, 2019.
...........................
J. K. SERGON
JUDGE
In the presence of:
................................. for the Appellant
............................. for the Respondent