[2022] KEHC 10921 (KLR)
The court found that the Respondent, as the accounting officer of the Office of the Attorney-General, had a statutory duty to pay the decretal sum awarded to the Petitioner in Nanyuki CMCC No 33 of 2011. The Respondent failed to provide any reason for non-payment and did not respond to the application or appear in...
Source-derived case information.
- Citation
- [2022] KEHC 10921 (KLR)
- Parties
- Applicant: Charles Maina Kiboi; Respondent: Solicitor-General
- Court
- High Court
- Court Station
- High Court at Nanyuki
- Jurisdiction
- Kenya
- Case Number
- Constitutional Petition 6 of 2020
- Procedural Posture
- Constitutional Petition / Ruling on Application for Judicial Review (mandamus)
- Outcome
- Petition allowed. Order of mandamus granted.
- Judges
- HPG Waweru
- Legal Topics
- Judicial Review, Mandamus, Fair Administrative Action, Public Officer Liability
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Charles Maina Kiboi
Applicant
Solicitor-General
Respondent
Procedural Posture
Constitutional Petition / Ruling on Application for Judicial Review (mandamus)
Legal Issues
- 1 Whether the Respondent's failure to pay the decretal sum awarded in Nanyuki CMCC No 33 of 2011 is amenable to judicial review by way of mandamus.
- 2 Whether the Petitioner is entitled to an order of mandamus compelling payment of the decretal sum plus costs.
Ratio Decidendi
The court found that the Respondent, as the accounting officer of the Office of the Attorney-General, had a statutory duty to pay the decretal sum awarded to the Petitioner in Nanyuki CMCC No 33 of 2011. The Respondent failed to provide any reason for non-payment and did not respond to the application or appear in court. The court held that such failure is amenable to judicial review under the Fair Administrative Action Act, 2015, and that the Petitioner was entitled to an order of mandamus compelling payment of the decretal sum and costs. The court accordingly granted the order sought, requiring payment within three months of service of the order.
Court Disposition
Petition allowed. Order of mandamus granted.
Orders
- An order of mandamus is issued to compel the Respondent to pay or cause to be paid to the Petitioner the decretal sum of KShs 382,883 awarded in Nanyuki CMCC No 33 of 2011.
- The Respondent shall also pay the costs of these proceedings to the Petitioner.
Full Case Text
Judgment text and source record
20 paragraphs
Kiboi v Solicitor-General (Constitutional Petition 6 of 2020) [2022] KEHC 10921 (KLR) (23 June 2022) (Ruling)
Neutral citation: [2022] KEHC 10921 (KLR)
Republic of Kenya
In the High Court at Nanyuki
Constitutional Petition 6 of 2020
HPG Waweru, J
June 23, 2022
Between
Charles Maina Kiboi
Petitioner
and
Solicitor-General
Respondent
Ruling
1. Though the Petitioner brought this mater as a constitutional petition, it is essentially a judicial review application under the Fair Administrative Action Act, 2015. The relief sought is rendered thus as follows –“An order of mandamus to compel the Respondent to pay the sum of KShs 382,883/00, being the decretal sum plus interest together with costs in Nanyuki CMCC No 33 of 2011” within such time as the court may order.This court will therefore proceed upon that basis; that is, that this is an application for judicial review under the aforesaid statute, the Fair Administrative Action Act, 2015 (hereinafter called the Act).
2. The administrative action complained of is the failure of the Respondent, who is said to be the accounting officer of the Office of Attorney-General to pay or cause to be paid the decretal sum of KShs 382,883/00 awarded to the Petitioner in Nanyuki CMCC No 33 of 2011 (Charles Kiboi Maina Versus Solio Ranch Limited and The Attorney General).
3. I have considered the application in light of the material now before the court and the submissions of the learned counsel appearing. Despite service, the Respondent did not file any papers in response to the application; nor did he make appearance at the hearing of the application.
4. I consider that the failure of the Respondent to pay or cause to be paid the aforesaid decretal sum is amenable to judicial review by this court under the aforesaid statute. There is no reason advanced by the Respondent why the decretal sum has not been paid so far.
5. I will in the circumstances grant the order of judicial review sough. An order of mandamus shall therefore issue forthwith to compel the Respondent to pay or cause to be paid to he Petitioner the decretal sum of KShs 382,883/00 awarded to him in Nanyuki CMCC No 33 of 2011 aforesaid, plus the costs of these proceedings which are hereby awarded to the Petitioner. Such payment must be made within three (3) calendar months of the date of service of this order upon the Respondent. It is so ordered.
DATED AND SIGNED AT NANYUKI THIS 22ND DAY OF JUNE 2022H P G WAWERUJUDGEDELIVERED AT NANYUKI THIS 23RD DAY OF JUNE 2022