[2019] KEHC 3887 (KLR)
The court found that the application for mandamus was unopposed and that the applicant had demonstrated entitlement to the order sought. The respondents did not dispute the existence of the decree or their obligation to satisfy it. The court was satisfied that the requirements for the grant of an order of mandamus...
Source-derived case information.
- Citation
- [2019] KEHC 3887 (KLR)
- Parties
- Applicant: Lucy Nduta Ng'ang'a; Respondent: The Principal Secretary, Ministry of Interior and Coordination of Government; Respondent: The Attorney General
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Judicial Review 28 of 2019
- Procedural Posture
- Judicial Review / Ruling on Notice of Motion for Mandamus
- Outcome
- application granted
- Judges
- DO Ogembo
- Legal Topics
- Judicial Review, Order of Mandamus, Government Liability, Decree Enforcement
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Lucy Nduta Ng'ang'a
Applicant
The Principal Secretary, Ministry of Interior and Coordination of Government
Respondent
The Attorney General
Respondent
Procedural Posture
Judicial Review / Ruling on Notice of Motion for Mandamus
Legal Issues
- 1 Whether an order of mandamus should issue to compel the respondents to satisfy the decree in Mombasa CMCC No. 1794 of 2013.
- 2 Whether the applicant is entitled to costs of the application.
Ratio Decidendi
The court found that the application for mandamus was unopposed and that the applicant had demonstrated entitlement to the order sought. The respondents did not dispute the existence of the decree or their obligation to satisfy it. The court was satisfied that the requirements for the grant of an order of mandamus had been met, specifically that a clear legal duty existed on the part of the respondents to pay the decretal sum as ordered in Mombasa CMCC No. 1794 of 2013. In the absence of opposition and upon independent consideration of the application and supporting affidavit, the court granted the order of mandamus as prayed, together with costs to the applicant.
Court Disposition
application granted
Orders
- An order of mandamus is issued compelling the respondents to satisfy the decree issued on 8th March, 2016 in Mombasa CMCC No. 1794 of 2013 by paying to the applicant Kshs. 5,379,213 plus costs and accrued interest, together with additional interest accrued up to full settlement.
- The respondents shall pay the costs of this application to the applicant.
Full Case Text
Judgment text and source record
33 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MOMBASA
CONSTITUTIONAL & JUDICIAL REVIEW DIVISION
JUDICIAL REVIEW NO. 28 OF 2019
IN THE MATTER OF: AN APPLICATION FOR THE JUDICIAL REVIEW ORDER OF MANDAMUS
AND
IN THE MATTER OF: THE GOVERNMENT PROCEEDINGS ACT
AND
IN THE MATTER OF: MOMBASA CMCC NO. 1794 OF 2013 (LUCY NDUTA NG’ANG’A VS. THE ATTORNEY GENERAL)
BETWEEN
LUCY NDUTA NG’ANG’A................................................................................APPLICANT
AND
1. THE PRINCIPAL SECRETARY, MINISTRY OF INTERIOR AND
COORDINATION OF GOVERNMENT
2. THE ATTORNEY GENERAL.................................................................RESPONDENTS
RULING
The Application
1. The Notice of Motion application before the Court is dated 4th June, 2019. The application prays for the following orders:
(1) An order of mandamus to compel the respondents to satisfy the decree issued on the 8th of March, 2016 in MOMBASA CMCC NO. 1794 OF 2013 (LUCY NDUTA NG’ANG’A VS. THE ATTORNEY GENERAL) by paying to the applicant Kshs. 5,379,213, being the total decretal amount plus costs and accrued interest, together with the additional interest accrued thereon up to the date of full settlement of the decree.
(2) Costs of the application.
(3) Such further orders and reliefs that the Honourable Court may deem just and expedient to grant.
2. The application is supported by affidavit of Lucy Nduta Ng’ang’a sworn on 28th May, 2019.
3. The application is not opposed. On 24th September, 2019 when the application came up for hearing Mr. Mwandeje for the Respondents informed the Court that they were not opposing the application but would require time to pay the Judgment debt.
Determination
4. In the absence of opposition the application should be granted. I have also independently considered the application and I am satisfied that it is merited. I therefore grant the same with costs.
Dated, Signed and Delivered in Mombasa this 8th day of October, 2019.
E. K. O. OGOLA
JUDGE
In the presence of:
Ms. Mwenja for Applicant
Mr. Wachira for 1st Respondent
Mr. Kaunda Court Assistant