[2016] KEHC 3097 (KLR)
The court found that the applicant had established a clear legal right to payment of the taxed costs, as evidenced by the certificate of order against the Government and the respondent's failure to settle the amount for over 17 months. The absence of opposition from the Attorney General further reinforced the...
Source-derived case information.
- Citation
- [2016] KEHC 3097 (KLR)
- Parties
- Applicant: Republic; Respondent: Attorney General; Applicant: Njoroge Regeru & Company Advocates
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Civil Application 136 of 2016
- Procedural Posture
- Miscellaneous Application / Judgment
- Outcome
- application allowed
- Judges
- RE Aburili
- Legal Topics
- Judicial Review, Mandamus, Government Liability, Taxed Costs
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Attorney General
Respondent
Njoroge Regeru & Company Advocates
Applicant
Procedural Posture
Miscellaneous Application / Judgment
Legal Issues
- 1 Whether the applicant is entitled to an order of mandamus compelling the Attorney General to pay the taxed costs as per the certificate of order against the Government.
- 2 Whether the respondent's failure to settle the taxed costs warrants judicial intervention.
Ratio Decidendi
The court found that the applicant had established a clear legal right to payment of the taxed costs, as evidenced by the certificate of order against the Government and the respondent's failure to settle the amount for over 17 months. The absence of opposition from the Attorney General further reinforced the applicant's entitlement. The court held that an order of mandamus was appropriate to compel the Attorney General to fulfill the statutory obligation to pay the taxed costs, as there was no justification for the continued non-payment. The court also granted the applicant liberty to pursue contempt proceedings in the event of non-compliance and awarded costs of the judicial review...
Court Disposition
application allowed
Orders
- Judicial Review order of Mandamus issued compelling the Attorney General to pay KES 6,500,000 to the applicant as taxed advocate/client costs.
- The said sums shall be paid within 90 days from the date of the Order of Mandamus.
Full Case Text
Judgment text and source record
25 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI
JUDICIAL REVIEW DIVISION
MISCELLANEOUS CIVIL APPLICATION NO. 136 OF 2016
IN THE MATTER OF LEGAL COSTS OWED BY THE ATTORNEY GENERAL TO NJOROGE REGERU & COMPANY ADVOCATES FOR PROFESSIONAL SERVICES RENDERED IN NAIROBI HIGH COURT PETITION NUMBER 518 AND NAIROBI HIGH COURT PETITION NUMBER 594 OF 2013
AND
IN THE MATTER OF AN APPLICATION BY NJOROGE REGERU & COMPANY ADVOCATES FOR LEAVE TO INSTITUTE JUDICIAL REVIEW PROCEEDINGS FOR AN ORDER OF MANDAMUS
BETWEEN
REPUBLIC………………………………………..……..APPLICANT
AND
THE ATTORNEY GENERAL ……………...…...........RESPONDENT
NJOROGE REGERU
&COMPANY ADVOCATES………….……EXPARTE APPLICANT
JUDGMENT
1. The Exparte applicant’s notice of motion dated 10th May 2016 seeks for Judicial Review Order of Mandamus to compel the respondent Attorney General to settle the advocate/client bill of costs as taxed by the Deputy Registrar and as per the Certificate of Order against the Government on 4th March 2016.
2. The sum claimed is in respect of the taxation of agreed sum of kshs 6,500,000 in Nairobi High Court Petition No. 518/2013 and Nairobi 594/2013.
3. The application is supported by grounds that despite the taxation by consent, the respondent has not settled the sums due amounting to kshs 6,500,000 for the last over 17 months.
4. The application is unopposed.
5. I have carefully considered the notice of motion, the grounds and supporting affidavit together with annextures. I am satisfied that the applicant has made out a case for issue of Judicial Review order of Mandamus and accordingly, I hereby issue Judicial Review order of Mandamus compelling the Attorney General to pay to the applicant a sum of kshs 6,500,00 as agreed and taxed advocate/client costs for professional services rendered in Nairobi HC Petition No 518/2013 and Petition No Nairobi 594/2013.
6. The said sums shall be paid within 90 days from the date of this Order of Mandamus. In default, the applicant is at liberty to apply for contempt of court against the Accounting Officer responsible for settlement in execution of these Judicial Review proceedings. The applicant shall also have costs of these Judicial Review proceedings.
7. Order accordingly.
Dated, signed and delivered at Nairobi this 19th day of September 2016.
R.E. ABURILI
JUDGE