[2016] KEHC 3521 (KLR)
The court found that the applicant had established a prima facie case for the grant of an order of mandamus. The applicant had obtained a judgment and decree against the government, a certificate of order against the government had been issued, and the respondents had failed to satisfy the decree despite repeated...
Source-derived case information.
- Citation
- [2016] KEHC 3521 (KLR)
- Parties
- Applicant: Ernest Cherimo Baragu; Respondent: Principal Secretary Ministry of Agriculture, Livestock & Fisheries; Respondent: Attorney General
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Judicial Review Miscellaneous Application 511 of 2015
- Procedural Posture
- Judicial Review Application / Judgment
- Outcome
- application granted
- Judges
- RE Aburili
- Legal Topics
- Judicial Review, Mandamus, Government Liability, Enforcement of Decrees
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Ernest Cherimo Baragu
Applicant
Principal Secretary Ministry of Agriculture, Livestock & Fisheries
Respondent
Attorney General
Respondent
Procedural Posture
Judicial Review Application / Judgment
Legal Issues
- 1 Whether an order of mandamus should issue to compel the Principal Secretary, Ministry of Agriculture, Livestock & Fisheries to settle the decree in CMCC 6883/2003.
- 2 Whether the government respondents have failed to satisfy a lawful court decree despite service and notice.
Ratio Decidendi
The court found that the applicant had established a prima facie case for the grant of an order of mandamus. The applicant had obtained a judgment and decree against the government, a certificate of order against the government had been issued, and the respondents had failed to satisfy the decree despite repeated demands. The respondents did not contest the application. The law requires public officers to settle such decrees, and mandamus is the appropriate remedy to compel compliance. The court therefore granted the order of mandamus as sought, compelling the Principal Secretary to settle the decretal sum with interest, and awarded costs to the applicant.
Court Disposition
application granted
Orders
- Order of mandamus compelling the Principal Secretary, Ministry of Agriculture, Livestock & Fisheries to settle the decretal sum of KES 664,820 in CMCC 6883/2003 with interest at 12% per annum until payment in full.
- The exparte applicant is awarded costs of the judicial review proceedings and the application for leave.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI
JUDICIAL REVIEW MISC. APPLICATION NO. 511 OF 2015
ERNEST CHERIMO BARAGU ..............PLAINTIFF/EXPARTE APPLICANT
VERSUS
PRINCIPAL SECRETARY MINISTRY
OF AGRICULTURE LIVESTOCK ……….……………..1ST RESPONDENT
ATTORNEY GENRAL………....….…….2ND RESPONDENT/ DEFENDANT
JUDGMENT
1. The Exparte applicant Ernest Cherimo Baragu by his Judicial review application dated 11th February 2016 seeks from this court orders of Judicial Review Mandamus to compel the Principal Secretary Ministry of Agriculture, Livestock & Fisheries to settle decree in CMCC 6883/2003 Nairobi for shs 664,820 plus interest at 12% per annum until payment in full. The respondents were served with the Notice Motion and Chamber Summons for leave and Order but they have not filed any response.
2. I note that judgment in the subordinate court was delivered on 29th January 2008 and decree issued. A certificate of order against the government was also issued on 8th February 2012 and despite the applicant’s numerous letters to the Attorney General and the Principal Secretary responsible for Agriculture, Livestock & Fisheries , there has been no response or intimation of intention to settle the decree passed almost ten years ago.
3. In the premise, I am satisfied that the plaintiff /exparte applicant herein has made out a prima facie case on a balance of probabilities that the orders sought are deserved.
4. Accordingly, I hereby grant the Judicial Review Orders of Mandamus compelling the Principal Secretary, Ministry of Agriculture and Livestock to settle the whole decretal sum of shs 664,820 in CMCC 6883/2003 with interest at 12% per annum until payment in full.
5. The exparte applicant shall also have costs of this Judicial Review proceeding and costs for the application for leave. The applicant to apply for appropriate orders in the event of default of payment within 90 days from the date hereof.
Orders accordingly.
Dated, signed and delivered at Nairobi this 27th day of July 2016.
R.E. ABURILI
JUDGE