[2017] KEHC 6622 (KLR)
The court found that the applicant had obtained a valid judgment and decree against the Attorney General, which remained unsatisfied despite numerous requests. The respondent, though served, did not oppose the application. The court held that an order of mandamus is appropriate to compel the Principal Secretary of...
Source-derived case information.
- Citation
- [2017] KEHC 6622 (KLR)
- Parties
- Plaintiff: Republic; Respondent: The Honourable Attorney General; Applicant: Reuben Muthee Nteere
- Court
- High Court
- Court Station
- High Court at Nanyuki
- Jurisdiction
- Kenya
- Case Number
- Judicial Review 7 of 2016
- Procedural Posture
- Judicial Review / Judgment
- Outcome
- Application allowed. Order of mandamus granted.
- Judges
- MM Kasango
- Legal Topics
- Judicial Review, Mandamus, Enforcement of Judgments
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Plaintiff
The Honourable Attorney General
Respondent
Reuben Muthee Nteere
Applicant
Procedural Posture
Judicial Review / Judgment
Legal Issues
- 1 Whether an order of mandamus should issue to compel the Principal Secretary of the Ministry of Interior and Coordination to satisfy a court decree.
- 2 Whether the applicant is entitled to costs of the suit.
Ratio Decidendi
The court found that the applicant had obtained a valid judgment and decree against the Attorney General, which remained unsatisfied despite numerous requests. The respondent, though served, did not oppose the application. The court held that an order of mandamus is appropriate to compel the Principal Secretary of the Ministry of Interior and Coordination to satisfy the decree, as the applicant is entitled to enforcement of the judgment. The application was therefore merited and granted.
Court Disposition
Application allowed. Order of mandamus granted.
Orders
- An order of mandamus shall issue to compel the Principal Secretary of the Ministry of Interior and Coordination, Government of Kenya, to satisfy the decree in Nanyuki Chief Magistrate Court Civil No. 29 of 2010.
- The applicant is awarded costs of the suit.
Full Case Text
Judgment text and source record
27 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NANYUKI
JUDICIAL REVIEW NO. 7 OF 2016
REPUBLIC.....................................................................PLAINTIFF
Versus
THE HONOURABLE ATTORNEY GENERAL......RESPONDENT
EXPARTE
REUBEN MUTHEE NTEERE.........................................SUBJECT
JUDGMENT
1. REUBEN MUTHEE NTEEREobtained judgment of Ksh. 120,000 plus costs of Ksh. 23,952. 5 against the Attorney General on 4th April, 2012. To date that judgment has not been satisfied despite numerous requests so to do.
2. Reuben seeks for an order of Mandamus be issued to compel the Principal Secretary of the Ministry of Interior and Coordination of the Government of Kenya, to satisfy the decree so passed. The respondent although served with the application did not oppose nor appear at the hearing.
3. The court has perused the judgment in Nanyuki Chief Magistrate’s Court Civil case No. 29 of 2010, and the decree. The application is merited. This court grants the following orders:
(a) An order of Mandamus shall issue to compel the Principal Secretary of the Ministry of Interior and Coordination, of the Government of Kenya, to satisfy the decree in Nanyuki Chief Magistrate Court Civil No. 29 OF 2010.
(B) The applicant is awarded costs of the suit.
DATED AND DELIVERED AT NANYUKI THIS 30thDAY OF MARCH 2017.
MARY KASANGO
JUDGE
CORAM:
Before Justice Mary Kasango
Court Assistant – Ndungu
Appellant: reuben muthee...................
For the State: ….....................................
COURT
Judgment delivered in open court.
MARY KASANGO
JUDGE