[2024] KEELRC 13244 (KLR)
The court found that the applicant had obtained a judgment and decree in ELRC Cause 668 of 2014, and a certificate of order against the government had been duly issued under section 21 of the Government Proceedings Act. The respondent failed to pay the decretal sum and did not provide any material objection or...
Source-derived case information.
- Citation
- [2024] KEELRC 13244 (KLR)
- Parties
- Applicant: Republic; Respondent: Attorney General; Applicant: Adam Isilu Mutinda
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Judicial Review E034 of 2024
- Procedural Posture
- Judicial Review / Judgment
- Outcome
- application allowed
- Judges
- B Ongaya
- Legal Topics
- Mandamus Orders, Government Liability, Enforcement of Judgments, Certificate of Order Against Government
- 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
Republic
Applicant
Attorney General
Respondent
Adam Isilu Mutinda
Applicant
Procedural Posture
Judicial Review / Judgment
Legal Issues
- 1 Whether an order of mandamus should issue to compel the Attorney General to pay the decretal sum awarded in ELRC Cause 668 of 2014.
- 2 Whether the respondent has provided sufficient justification for non-payment of the decretal sum.
Ratio Decidendi
The court found that the applicant had obtained a judgment and decree in ELRC Cause 668 of 2014, and a certificate of order against the government had been duly issued under section 21 of the Government Proceedings Act. The respondent failed to pay the decretal sum and did not provide any material objection or legally sufficient justification for non-payment. The court held that financial austerity measures do not excuse the government from its statutory obligation to satisfy court decrees. Accordingly, the court granted an order of mandamus compelling the Attorney General to pay the applicant the decretal sum, costs, and interest as awarded.
Court Disposition
application allowed
Orders
- An order of mandamus is issued against the Attorney General compelling payment to the ex-parte applicant of Kshs. 10,881,861.00 plus costs and interest at court rates (12%) from 27.01.2020 until payment in full.
- The respondent shall pay the costs of the application.
Full Case Text
Judgment text and source record
26 paragraphs
Republic v Attorney General; Mutinda (Exparte) (Judicial Review E034 of 2024) [2024] KEELRC 13244 (KLR) (27 November 2024) (Judgment)
Neutral citation: [2024] KEELRC 13244 (KLR)
Republic of Kenya
In the Employment and Labour Relations Court at Nairobi
Judicial Review E034 of 2024
B Ongaya, J
November 27, 2024
IN THE MATTER OF AN APPLICATION BY ADAM ISILU MUTINDA FOR JUDICIAL REVIEW ORDER OF MANDAMUS AND IN THE MATTER OF ELRC CAUSE NO. 668 OF 2014 AND IN THE MATTER OF THE JUDGMENT DATED 12TH SEPTEMBER 2019 AND IN THE MATTER DECREE ISSUED ON 12TH SEPTEMBER 2019 AND THE CERTIFICATE OF ORDER AGAINST THE GOVERNMENT DATED 27TH JANUARY 2020
Between
Republic
Applicant
and
The Attorney General
Respondent
and
Adam Isilu Mutinda
Exparte
Judgment
1. The applicant filed a notice of motion dated 09. 10. 2024 through Agina & Associates Advocates. The relief prayed for was as follows:a.An order of mandamus to issue against the Attorney General compelling to pay the ex-parte applicant the sum of Ten Million Eight Hundred and Eighty One Thousand, Eight Hundred and Sixty One (Kshs.10,881,861. 00) plus costs and interest thereon at Court rates (12%) from 27. 01. 2020, the date of the award, to the date of payment in full being the decretal arising in Milimani ELRC Cause 668 of 2014 Adam Isilu Mutinda Vs The Attorney General.b.The respondent to pay costs of the application.
2. The applicant has exhibited the judgment and decree therefrom in Milimani ELRC Cause 668 of 2014 Adam Isilu Mutinda Vs The Attorney General. Onesmus Makau J delivered the judgment on 12. 07. 2019 for Kshs. 10,000,000. 00 plus costs and interest at Court rates from the date of the judgment (12. 07. 2019. ).
3. The applicant’s case is that the respondent has failed to pay the long outstanding decretal sum and will not pay unless ordered by the Court to pay.
4. The respondent alleged that the application was not served and discovered about the application upon service of the submissions. The respondent filed submissions through the learned Special State Counsel Mr. W W Kimotho for the Attorney General. It was urged that the payment had not been effected and it was not deliberately so but due to the prevailing financial austerity measures in the Government. The submissions in a misapprehension of the proceedings before the Court urged that the Court should not grant the contempt application.
5. The applicant has exhibited the certificate of orders against the Government under section 21 of the Government Proceedings Act being exhibit NKS-4 for a sum of Kshs.10, 881, 861. 00, dated 27. 01. 2020.
6. There appears no material objections to the application.
7. In the circumstances, the notice of motion dated 09. 10. 2024 is hereby allowed and determined with reliefs as follows:a.The order of mandamus hereby issued against the Attorney General compelling the Attorney General to pay the ex-parte applicant the sum of Ten Million Eight Hundred and Eighty One Thousand, Eight Hundred and Sixty One (Kshs.10,881,861. 00) plus costs and interest thereon at Court rates (12%) from 27. 01. 2020, the date of the award, to the date of payment in full being the decretal arising in Milimani ELRC Cause 668 of 2014 Adam Isilu Mutinda Vs The Attorney General.b.The respondent to pay costs of the application.
SIGNED, DATED AND DELIVERED BY VIDEO-LINK AND IN COURT AT NAIROBI THIS WEDNESDAY 27THNOVEMBER 2024. BYRAM ONGAYAPRINCIPAL JUDGE