[2022] KEHC 729 (KLR)
The court found that the applicant had satisfied the requirements for grant of leave to apply for judicial review by way of mandamus. The application was supported by a statement of facts and a verifying affidavit, and the court was satisfied that there was an arguable case for the issuance of an order of mandamus...
Source-derived case information.
- Citation
- [2022] KEHC 729 (KLR)
- Parties
- Applicant: James Muriuki Ngatia; Respondent: The Attorney-General
- Court
- High Court
- Court Station
- High Court at Nanyuki
- Jurisdiction
- Kenya
- Case Number
- Judicial Review E002 of 2021
- Procedural Posture
- Judicial Review / Leave Application
- Outcome
- Leave to apply for judicial review by way of mandamus granted. Costs in the substantive application.
- Judges
- DW Mbuteti
- Legal Topics
- Judicial Review, Mandamus, Enforcement of Decrees
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
James Muriuki Ngatia
Applicant
The Attorney-General
Respondent
Procedural Posture
Judicial Review / Leave Application
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.
Ratio Decidendi
The court found that the applicant had satisfied the requirements for grant of leave to apply for judicial review by way of mandamus. The application was supported by a statement of facts and a verifying affidavit, and the court was satisfied that there was an arguable case for the issuance of an order of mandamus to compel the Attorney-General to satisfy the decree in Nanyuki CMCC No 14 of 2007. Accordingly, leave was granted as sought.
Court Disposition
Leave to apply for judicial review by way of mandamus granted. Costs in the substantive application.
Orders
- Leave is granted to the applicant to apply for an order of mandamus as prayed.
- The substantive application to be filed as provided for in the rules.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NANYUKI
JUDICIAL REVIEW NO E002 OF 2021
JAMES MURIUKI NGATIA...........APPLICANT
VERSUS
THE ATTORNEY-GENERAL.....RESPONDENT
R U L I N G
1. The Ex Parte Applicant herein, JAMES MURIUKI NGATIA, has applied by chamber summons dated 15/07/2021 under Order 53, Rules 1, 2 & 3 of theCivil Procedure Rules, 2010for leave of the court to apply for judicial review. The relief to be sought is an order of mandamus to compel the Attorney-General of the Republic of Kenya to satisfy the decree in Nanyuki, CMCC No 14 of 2007.
2. I have read the Statement of Facts and the Verifying Affidavit filed together with the application. I have also considered the submissions of the learned counsel appearing. I will in the circumstances grant the leave sought.
3. Let the substantive application be filed as provided for in the rules. Costs of this application shall be in that substantive application. It is so ordered.
DATED AND SIGNED AT NANYUKI THIS 20TH DAY OF APRIL, 2022
H P G WAWERU
JUDGE
DELIVERED AT NANYUKI THIS 21ST DAY OF APRIL 2022