[2011] KEHC 78 (KLR)
The court found that the applicant's documents were in order and that there was no opposition from the respondents, who failed to appear despite being served. Consequently, the court granted leave to the applicant to file a substantive motion for an order of mandamus to compel the Permanent Secretary Office of the...
Source-derived case information.
- Citation
- [2011] KEHC 78 (KLR)
- Parties
- Applicant: Cyrus Irungu Gachogu; Respondent: Permanent Secretary Office of the President; Respondent: Attorney General
- Court
- High Court
- Court Station
- High Court at Embu
- Jurisdiction
- Kenya
- Case Number
- Judicial Review 68 of 2011
- Procedural Posture
- Judicial Review / Ruling on Ex Parte Chamber Summons for Leave to Apply for Order of Mandamus
- Outcome
- leave granted to apply for judicial review order of mandamus
- Legal Topics
- Judicial Review, Mandamus, Satisfaction of Decree
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Cyrus Irungu Gachogu
Applicant
Permanent Secretary Office of the President
Respondent
Attorney General
Respondent
Procedural Posture
Judicial Review / Ruling on Ex Parte Chamber Summons for Leave to Apply for Order of Mandamus
Legal Issues
- 1 Whether the applicant is entitled to leave to apply for an order of mandamus to compel satisfaction of a decree against the government.
- 2 Whether the applicant's documents are in order for the grant of leave.
Ratio Decidendi
The court found that the applicant's documents were in order and that there was no opposition from the respondents, who failed to appear despite being served. Consequently, the court granted leave to the applicant to file a substantive motion for an order of mandamus to compel the Permanent Secretary Office of the President to satisfy the decree issued in Wang’uru Senior Resident Magistrate’s Court Civil Case No. 24 of 2010. The court further directed that the substantive motion be filed and served within 21 days.
Court Disposition
leave granted to apply for judicial review order of mandamus
Orders
- Leave is granted to the applicant to apply for an order of mandamus as prayed.
- The substantive motion to be filed and served within 21 days.
Full Case Text
Judgment text and source record
12 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT EMBU
Judicial Review 68 of 2011
(IN THE MATTER OF SATISFACTION OF DECREE IN WANG’URU SENIOR RESIDENT MAGISTRATE CIVIL CASE NO. 24. OF 2010)
CYRUS IRUNGU GACHOGU……………………………………………………………..APPLICANT
R U L I N G
This is the Exparte Chamber Summons dated 14/10/2011. The Exparte Applicant is seeking leave to file an application for an order of Mandamus to compel the Permanent Secretary Office of the President to satisfy the decree in Wang’uru Senior Resident Magistrate’s court Civil Case No. 24 of 2010. The Application is supported by a verifying affidavit, statement of facts, plus a copy of the Judgment. The offices of the Attorney General and the Permanent Secretary Office of the President were served but there was no appearance.
The conclusion is that they did not see the need to attend court. I therefore find that the Applicant’s documents are in order. I grant leave to apply for Judicial Review as prayed. The substantive motion to be filed and served within 21 days.
DELIVERED, DATED AND SIGNED IN OPEN COURT AT EMBU THIS 2ND DAY OF NOVEMBER 2011.
H. I. ONG’UDI
JUDGE