[2022] KEHC 10855 (KLR)
The court found that the applicants had obtained a valid judgment and decree against the Attorney General in Nairobi Magistrates Court Civil Case No. 42 of 2006, and that the respondents had failed to satisfy the decree despite service of the certificate of order against the government. The respondents did not...
Source-derived case information.
- Citation
- [2022] KEHC 10855 (KLR)
- Parties
- Applicant: Republic; Respondent: Attorney General; Respondent: Ministry of Environment & Natural Resources; Applicant: Yona Wagala; Applicant: Tobias Omondi Wagala
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Application 336 of 2019
- Procedural Posture
- Judicial Review / Judgment
- Outcome
- application allowed in part
- Judges
- J Ngaah
- Legal Topics
- Mandamus Orders, Government Liability, Enforcement of Judgments
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Attorney General
Respondent
Ministry of Environment & Natural Resources
Respondent
Yona Wagala
Applicant
Tobias Omondi Wagala
Applicant
Procedural Posture
Judicial Review / Judgment
Legal Issues
- 1 Whether an order of mandamus should issue to compel the respondents to pay the decretal sum awarded in a previous civil suit.
- 2 Whether the respondents have failed to satisfy a decree issued against the government.
- 3 Whether the applicants are entitled to costs of the application.
Ratio Decidendi
The court found that the applicants had obtained a valid judgment and decree against the Attorney General in Nairobi Magistrates Court Civil Case No. 42 of 2006, and that the respondents had failed to satisfy the decree despite service of the certificate of order against the government. The respondents did not oppose the application, and counsel for the Attorney General admitted the decree remained unsatisfied. In these circumstances, the court held that the applicants were entitled to an order of mandamus compelling the Principal Secretary, Ministry of Environment & Natural Resources, to satisfy the decree forthwith. The court declined the other prayers but awarded the applicants the...
Court Disposition
application allowed in part
Orders
- An order of mandamus is issued against the Principal Secretary, Ministry of Environment & Natural Resources, compelling satisfaction of the decree in Nairobi Chief Magistrates Court Civil Case No. 42 of 2006 forthwith.
- The applicants are awarded the costs of the application.
Full Case Text
Judgment text and source record
27 paragraphs
Republic v Attorney General & another; Wagala & another (Exparte) (Application 336 of 2019) [2022] KEHC 10855 (KLR) (Judicial Review) (10 June 2022) (Judgment)
Neutral citation: [2022] KEHC 10855 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Judicial Review
Application 336 of 2019
J Ngaah, J
June 10, 2022
Between
Republic
Applicant
and
Attorney General
1st Respondent
Ministry of Environment & Natural Resources
2nd Respondent
and
Yona Wagala
Exparte
Tobias Omondi Wagala
Exparte
Judgment
1. The applicants’ application is dated 26 November 2019 and is said to brought under Order 53 of the Civil Procedure Rules and sections 8 and 9 of the Law Reform Act Cap 26. The prayers are framed as follows:1. That an order of mandamus do (sic) issue compelling the respondents herein to pay the ex parte applicants the sum of Kshs. 724,700. 00 being the decretal amount owed to them in the Chief Magistrate’s Court Civil Case number 42 of 2006 at Nairobi together with interest accruing thereon at the rate of 12% per annum from 26th April 2013 until payment in full.2. That the Attorney General and the Principal Secretary Ministry of Environment and Natural Resources shall comply by satisfying the decree, costs and interest in Chief Magistrate’s Court Civil Case Number 42 of 2006 at Nairobi within fourteen (14) days from the date of service of the order.3. That in default, notice to show cause do (sic) issue against the Attorney General and the Principal Secretary Ministry of Environment and Natural Resources for them to show cause why they should not be cited for contempt of court.4. Such further and other reliefs that the Honourable Court may deem just and expedient to grant.5. That the costs of this application be provided for.
2. According to the affidavit sworn to verify the facts in the statutory statement, judgment for the sum of Kshs. 724,700/= was entered in favour of the applicants against the Attorney General on 20 April 2015 in Nairobi Magistrates Court Civil Case No. 42 of 2006. The applicant obtained the decree and a certificate of order against the government and served them up on the Attorney General. However, the amount has not been paid to date hence the present application.
3. None of the respondents filed any response to the application and on various occasions when this matter came up in court counsel for the Attorney General sought more time to pay the decretal sum. On 3 February 2021, Mr Munene for the Attorney General acknowledged that the matter had been pending in court for quite a while and asked for 45 days to settle the amount in default of which the court was at liberty to proceed and rule on the applicant’s instant application.
4. In the absence of any response and considering that the Attorney General’s admission that the decree has not been satisfied, I allow the application only to the extent that the order of mandamus is hereby issued against the Principal Secretary Ministry of Environment & Natural Resources compelling him to satisfy the decree given in the Nairobi Chief Magistrates Court Civil Case No. 42 of 2006 on 26 April 2013 forthwith. The rest of the prayers are declined except that the applicant will also have the costs of the application. Orders accordingly.
SIGNED, DATED AND DELIVERED ON 10 JUNE 2022NGAAH JAIRUSJUDGE