[2020] KEHC 2048 (KLR)
The court found that the applicant had obtained a judgment against the respondent for unlawful detention, with a specific award of damages and taxed costs. The respondent, despite being notified and given ample time, failed to comply with the court's orders or provide any justification for non-payment. The legal...
Source-derived case information.
- Citation
- [2020] KEHC 2048 (KLR)
- Parties
- Applicant: Lechornai Lorkuran; Respondent: Principal Secretary Office of the President, Ministry of Interior and National Coordination of National Government
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Judicial Review 21 of 2018
- Procedural Posture
- Judicial Review / Ruling on Application for Order of Mandamus
- Outcome
- Application allowed. Order of mandamus granted.
- Judges
- RB Ngetich
- Legal Topics
- Judicial Review, Mandamus Orders, Government Liability, Enforcement of Judgments
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Lechornai Lorkuran
Applicant
Principal Secretary Office of the President, Ministry of Interior and National Coordination of National Government
Respondent
Procedural Posture
Judicial Review / Ruling on Application for Order of Mandamus
Legal Issues
- 1 Whether an order of mandamus should issue to compel the respondent to pay the decretal sum, costs, and interest as awarded by the court.
- 2 Whether the respondent is in contempt for failing to comply with the court's judgment and orders.
Ratio Decidendi
The court found that the applicant had obtained a judgment against the respondent for unlawful detention, with a specific award of damages and taxed costs. The respondent, despite being notified and given ample time, failed to comply with the court's orders or provide any justification for non-payment. The legal requirements for the issuance of an order of mandamus were satisfied: there was a clear legal right, a public duty owed by the respondent, and persistent non-compliance. The court further held that interest on the decretal sum and costs should accrue from 28 days after service of the certificate of order against the government, in accordance with statutory provisions. The...
Court Disposition
Application allowed. Order of mandamus granted.
Orders
- An order of mandamus is issued compelling the first respondent to pay the applicant Kshs. 500,000.
- The respondent shall pay costs of Kshs. 1,144,865 to the applicant.
Full Case Text
Judgment text and source record
34 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAKURU
JUDICIAL REVIEW NO.21 OF 2018
LECHORNAI LORKURAN....................................................................APPLICANT
--VERSUS-
PRINCIPAL SECREATRY OFFICE OF THE PRESIDENT
MINISTRY OF INTERIOR AND NATIONAL
COORDINATION OF NATIONAL GOVERNMENT.....................RESPONDENT
RULING
1. This is a ruling on application dated 27th September 2018. The applicant seeks an order of mandamus to compel the 1st respondent to pay the applicant a sum of kshs 2,548,989 made up as follows: -
a. The decretal amount of kshs 500,000 ordered by the court on 9th day of December 2011.
b. Interest from the date of judgment to date at courts rate of 14% being kshs 280,000.
c. Costs of kshs 1,144,865.
d. Interest on the said amount from the date of taxation at courts rate being kshs.641, 124. 40.
2. The applicant further sought the 1st respondent be held in contempt 30 days after the date of judgment of the review proceedings.
3. Grounds on the face of the application are that the Court granted leave for the instant application and the subject adopts the contents of the affidavit in support of the application seeking leave to file this judicial review.
4. In the affidavit for leave to file judicial review, the applicant averred that these proceedings stem from judgement read on 9th December 2011 and that the second respondent was represented in Court when the judgement was read but there has been laxity on part on both the respondents to see into it that the applicant’s dues are paid.
5. He further averred that despite being given over 200 days to respond to the application to explain non-compliance with the Court Orders the respondents have failed to attend Court.
6. The respondents failed to respond to file any response to the application hearing nor file any submissions despite Attorney General’s representative having appeared in Court on 24th February 2020 and requested for time to file submissions.
ANALYSIS AND DETERMINATION
7. I have perused annexures to the application hearing and do confirm that in Nakuru High Court Petition Number 7 of 2010, judgement was delivered on 9th December 2011 awarding the applicant kshs. 500,000 for unlawful detention of 10 days and course of the petition. A decree was issued on 29th of August 2013 showing that costs were taxed at kshs.1,144,865.
8. I note from the letter dated 15th October 2014 that the Attorney General was notified of the certificate of order against government on 1st October 2014 to pay within 28 days and therefore allow interest on the award of kshs. 500,000 and costs of kshs. 1,144,865 to start running at Court’s rate after 28 days from 1st October 2014.
9. FINAL ORDERS.
1. An order of mandamus does issue to compel the first respondent to pay the applicant as follows:-
a) Kshs. 500,000.
b) Costs of kshs. 1,144,865
c) Interests on a) and b) above at court’s rate to run from 28 days after 1st October 2014.
2. Failure to comply after 45 days from the date of this ruling the first respondent to be held in contempt of this Court’s Order.
Judgment dated, signed and delivered via zoom at Nakuruthis 29th of October 2020
RACHEL NGETICH
JUDGE
In the presence of:
Jeniffer - Court Assistant
Parties - Absent