[2021] KEHC 2340 (KLR)
The court declined to issue an order of mandamus because the application did not provide the full record of the original proceedings (ELRC Cause No. 154 of 2013), and thus the court could not ascertain the full circumstances or compliance with the consent judgment. The applicants were advised to move the court...
Source-derived case information.
- Citation
- [2021] KEHC 2340 (KLR)
- Parties
- Applicant: Jackline Aurellia Mwende & 19 Others; Respondent: The County Secretary, County of Machakos
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Cause 10 of 2020
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Order of Mandamus
- Outcome
- application dismissed without orders of mandamus
- Judges
- AN Makau
- Legal Topics
- Mandamus, Consent Judgment Enforcement, Non Payment of Judgment Debt
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jackline Aurellia Mwende & 19 Others
Applicant
The County Secretary, County of Machakos
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Order of Mandamus
Legal Issues
- 1 Whether the court should issue an order of mandamus compelling the respondent to pay the applicants the sum of Kshs. 2,620,113 as per the consent judgment.
- 2 Whether the application is properly before the court in the absence of the full record of the original proceedings.
Ratio Decidendi
The court declined to issue an order of mandamus because the application did not provide the full record of the original proceedings (ELRC Cause No. 154 of 2013), and thus the court could not ascertain the full circumstances or compliance with the consent judgment. The applicants were advised to move the court appropriately with all necessary documentation before any orders could be granted.
Court Disposition
application dismissed without orders of mandamus
Orders
- No orders of mandamus or other relief granted.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT & LABOUR RELATIONS
COURT OF KENYA AT NAIROBI
MISCELLANEOUS NO. 10 OF 2020
JACKLINE AURELLIA MWENDE &19 OTHERS.......APPLICANTS
VERSUS
THE COUNTY SECRETARY,
COUNTY OF MACHAKOS..............................................RESPONDENT
RULING
1. The application before the Court is the Applicants’ notice of motion dated 14th February 2020 expressed to be brought under Order 53 Rule 3(1) of the Civil Procedure Rules 2010, Sections 8 &9 of the Law Reform Act, Cap. 26 of the Laws of Kenya and all other enabling provisions of the law. The application seeks in the main that the Court be pleased to issue an order of mandamusdirected against the Respondent compelling him/her to pay Kshs. 2,620,113/- being unpaid 2 instalments as per the consent judgment of court in favour of the Applicants recorded by this Honourable Court on 5th April 2016 in Nairobi ELRC No. 154 of 2013 Jackline Aurellia Mwende &18 Others vMunicipal Council of Machakos. The motion was also supported by the affidavit of Jackline Aurellia Mwende sworn on 30th January 2020.
2. The Applicants sued the defunct Municipal Council of Machakos in ELRC Cause No. 154 of 2013 where they were the Claimants and were success in obtaining a consent judgment in their favour. This was on 5th April 2016. To date, there has been non-compliance with this consent judgment and the Miscellaneous Cause before me does not bear the full story as the Court does not have the benefit of the proceedings in Cause 154 of 2013. In the premises I will decline issuing any orders of mandamusor other order pending the Applicants appropriately moving the Court in the appropriate manner.
It is so ordered.
Dated and delivered at Nairobi this 25th day of November 2021
Nzioki wa Makau
JUDGE