[2016] KEHC 3525 (KLR)
The court found that the applicant had established a clear legal right to the payment of taxed costs as per the certificate of costs dated 7th January 2016. The respondent, despite being served and given an opportunity to respond, failed to file a replying affidavit or contest the application substantively. The...
Source-derived case information.
- Citation
- [2016] KEHC 3525 (KLR)
- Parties
- Applicant: Milimani Primary School; Respondent: Nairobi City County Government
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Civil Application 33 of 2016
- Procedural Posture
- Judicial Review Application / Judgment
- Outcome
- application allowed
- Judges
- RE Aburili
- Legal Topics
- Judicial Review, Mandamus, Enforcement of Costs, Party and Party Costs
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Milimani Primary School
Applicant
Nairobi City County Government
Respondent
Procedural Posture
Judicial Review Application / Judgment
Legal Issues
- 1 Whether an order of mandamus should issue to compel the respondent to settle taxed costs as per the certificate of costs dated 7th January 2016.
- 2 Whether the respondent has failed to comply with the court's previous orders regarding payment of costs.
Ratio Decidendi
The court found that the applicant had established a clear legal right to the payment of taxed costs as per the certificate of costs dated 7th January 2016. The respondent, despite being served and given an opportunity to respond, failed to file a replying affidavit or contest the application substantively. The court held that mandamus was the appropriate remedy to compel the respondent, a public authority, to perform its statutory duty to satisfy the court order for taxed costs. The court further awarded costs of the judicial review proceedings and the application for leave to the applicant, directing that all costs be settled within 90 days, failing which the applicant would be at...
Court Disposition
application allowed
Orders
- An order of mandamus is issued compelling the County Government of Nairobi Executive Committee Member for Finance and Economic Planning to satisfy the court order for taxed costs as per the certificate of costs dated 7th January 2016 in the sum of KES 772,830.
- The applicant is awarded costs of the judicial review and the application for leave.
Full Case Text
Judgment text and source record
14 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI
JUDICIAL REVIEW MISC.CIVIL APPLICATION NO. 33 OF 2016
MILIMANI PRIMARY SCHOOL..............................EXPARTE APPLICANT/PLAINTIFF
VERSUS
NAIROBI CITY COUNTY GOVERNMENT........................RESPONDENT/DEFENDANT
JUDGMENT
1. The Notice of Motion dated 22nd March 2016 is brought under the provisions of Order 53 Rule 3 of the Civil Procedure Rules seeking for orders of Judicial Review Mandamus to compel the respondent the County Government of Nairobi to settle costs as taxed against it in Judicial Review case No. 472/2009 and as per certificate of costs dated 7th January 2016 being party and party costs in the matter.
2. The respondent was served with the Notice of Motion which was filed with leave of court granted on 7th March 2016. The respondent filed a preliminary objection which was argued and dismissed on 22nd July 2016 and the respondent was granted leave to file a replying affidavit for interpartes hearing today but which has not been filed to date.
3. I have considered the Notice of Motion, the grounds, statements of facts and verifying affidavit together with the annexed supporting documents. I am satisfied that the Notice of Motion is merited I therefore grant prayer No. 1 and 2 of the Notice of Motion dated 22nd March 2016 and order that the Judicial Review Order of Mandamus be and is hereby issued compelling the County Government of Nairobi Executive Committee Member for Finance and Economic Planning to satisfy the court order for taxed costs vide certificate of costs dated 7th January 2016 in the sum of shs 772,830. I award costs of this Judicial Review and of the application for leave to the applicant and direct that the said costs be settled within 90 days. In default, the applicant be at liberty to apply for appropriate orders. Orders accordingly.
Dated, signed and delivered at Nairobi this 27th day of July 2016.
R.E. ABURILI
JUDGE