[2013] KEHC 4224 (KLR)

[2013] KEHC 4224 (KLR)

The court found that the applicant had obtained a valid decree and a certificate of order against the government, which had not been satisfied for over sixteen years despite repeated requests. The respondent did not oppose the application for mandamus. The court held that mandamus is the appropriate remedy to compel...

Source-derived case information.

Citation
[2013] KEHC 4224 (KLR)
Parties
Applicant: Ramla Lali Bakari; Respondent: The Hon. Attorney General
Court
High Court
Court Station
High Court at Mombasa
Jurisdiction
Kenya
Case Number
Judicial Review 38 of 2012
Procedural Posture
Judicial Review / Ruling on Notice of Motion for Mandamus
Outcome
Application for mandamus granted.
Legal Topics
Judicial Review, Mandamus, Government Liability, Enforcement of Decrees
Source Language
en
Civil Procedure Judicial Review Mandamus Government Liability Enforcement of Decrees

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Parties

Ramla Lali Bakari

Applicant

The Hon. Attorney General

Respondent

Procedural Posture

Judicial Review / Ruling on Notice of Motion for Mandamus

Legal Issues

  1. 1 Whether an order of mandamus should issue to compel payment of a decretal sum by the government to the applicant.
  2. 2 Whether the applicant is entitled to enforcement of a decree against the government after prolonged non-payment.

Ratio Decidendi

The court found that the applicant had obtained a valid decree and a certificate of order against the government, which had not been satisfied for over sixteen years despite repeated requests. The respondent did not oppose the application for mandamus. The court held that mandamus is the appropriate remedy to compel the government to fulfill its statutory obligation to pay the decretal sum, as the applicant had exhausted all other avenues for enforcement. The prolonged delay in payment justified the grant of the order sought.

Court Disposition

Application for mandamus granted.

Orders

  • An order of mandamus is issued compelling the Permanent Secretary, Office of the President, to pay Kshs. 1,146,747.76 being the decretal sum plus interest to the applicant in satisfaction of the decree issued on 30th October, 1995 in SRM Civil Suit No. 499 of 1991.
  • No order as to costs.