[2025] KEHC 6637 (KLR)

[2025] KEHC 6637 (KLR)

The court found that the Principal Administrative Secretary of the National Police Service is not the accounting officer as contemplated under Section 21 of the Government Proceedings Act and the Public Finance Management Act. Since mandamus can only be issued against the proper accounting officer who is legally...

Source-derived case information.

Citation
[2025] KEHC 6637 (KLR)
Parties
Applicant: Faith Mwende Mutunga; Respondent: State Law Office
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Judgment Date
22 May 2025
Case Number
Judicial Review Miscellaneous Application E128 of 2025
Procedural Posture
Judicial Review Miscellaneous Application / Ruling on Leave Application
Outcome
application dismissed
Judges
RE Aburili
Legal Topics
Judicial Review, Mandamus, Government Proceedings, Decretal Sum Enforcement
Source Language
english
Civil Procedure Judicial Review Mandamus Government Proceedings Decretal Sum Enforcement

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Parties

Faith Mwende Mutunga

Applicant

State Law Office

Respondent

Procedural Posture

Judicial Review Miscellaneous Application / Ruling on Leave Application

Legal Issues

  1. 1 Whether leave should be granted to apply for an order of mandamus to compel payment of a decretal sum by the Principal Administrative Secretary of the National Police Service.
  2. 2 Whether the Principal Administrative Secretary is the proper accounting officer under Section 21 of the Government Proceedings Act and the Public Finance Management Act.

Ratio Decidendi

The court found that the Principal Administrative Secretary of the National Police Service is not the accounting officer as contemplated under Section 21 of the Government Proceedings Act and the Public Finance Management Act. Since mandamus can only be issued against the proper accounting officer who is legally obligated to satisfy a decree against the government, the application for leave was fatally defective. Granting leave would be futile as it would be directed at the wrong party, rendering any subsequent proceedings nugatory. The court therefore dismissed the application for leave to apply for mandamus, with no orders as to costs, and advised the applicant to file a fresh...

Court Disposition

application dismissed

Orders

  • The chamber summons dated 20/3/2025 is dismissed with no orders as to costs.
  • The applicant may file a fresh application citing the correct parties.