Republic v Attorney General & another; Muritu (Suing through next friend Sammy Mbugua) (Ex parte Applicant) (Judicial Review E003 of 2026) [2026] KEHC 5409 (KLR) (27 April 2026) (Ruling)
The application is unopposed and the applicant has demonstrated entitlement to mandamus under Section 21 of the Government Proceedings Act; the orders sought are granted as prayed.
Source-derived case information.
- Citation
- [2026] KEHC 5409 (KLR)
- Parties
- Applicant: Jane Muthoni Muritu (Suing through her Next friend, Sammy Mbugua); 1st Respondent: Attorney General; 2nd Respondent: Inspector General of the National Police Service (as Accounting Officer)
- Court
- High Court
- Jurisdiction
- Kenya
- Case Number
- Judicial Review E003 of 2026
- Procedural Posture
- Judicial Review / Ruling on Notice of Motion
- Outcome
- Application granted as prayed
- Legal Topics
- Mandamus, Government Proceedings, Execution of Decrees
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jane Muthoni Muritu (Suing through her Next friend, Sammy Mbugua)
Applicant
Attorney General
1st Respondent
Inspector General of the National Police Service (as Accounting Officer)
2nd Respondent
Procedural Posture
Judicial Review / Ruling on Notice of Motion
Legal Issues
- 1 Whether an order of mandamus should issue to compel payment of a decretal sum under Section 21 of the Government Proceedings Act
Ratio Decidendi
The application is unopposed and the applicant has demonstrated entitlement to mandamus under Section 21 of the Government Proceedings Act; the orders sought are granted as prayed.
Court Disposition
Application granted as prayed
Orders
- Order of mandamus compelling respondents to pay Kshs. 1,551,022 plus interest and taxed costs to the applicant
- Costs of the application awarded to the applicant
Full Case Text
Judgment text and source record
1 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAKURU JUDICIAL REVIEW E003 OF 2026 REPUBLIC ------------------------------------------------------------------------ APPLICANT EX PARTE: JANE MUTHONI MURITU (Suing through her Next friend, SAMMY --------------------------------------------------------------- APPLICANT MBUGUA VERSUS ATTORNEY GENERAL ---------------------------------------------- 1ST RESPONDENT THE INSPECTOR GENERAL OF THE NATIONAL POLICE SERVICE (as Accounting Officer)----------------------- 2ND RESPONDENT 1. By Notice of Motion dated 26th February 2026, the Ex parte RULING Applicant seeks reliefs as hereunder;- 1. THAT an order of MANDAMUS does issue Page 1 of 3 compelling the Respondents, jointly and severally, to perform their statutory duty under Section 21 of the Government Proceedings Act, Cap 40, by paying the Ex Parte Applicant the sum of Kshs. 1,551,022/= together with interest and taxed costs, being the decretal amount arising from Molo CMCC No. 47 of 2010. 2. THAT the costs of this application be awarded to the Ex-parte Applicant. 2. The Application is deemed as unopposed, none of the Respondents having filed any replies despite evidence of service of the Application upon them. 3. Consequently, the Application is granted as prayed. J.M. NANG’EA - JUDGE. Ruling Delivered virtually this 27th day of April, 2026. In the presence of: Applicant’s Advocate, Mr. Omenta Respondents, Absent Court Assistant (Jeniffer) J.M. NANG’EA - JUDGE. Page 2 of 3 Page 3 of 3