[2017] KEHC 4490 (KLR)
The court found that the applicant's request for an introductory letter from the chief is a straightforward administrative matter. However, before granting the order of mandamus, the applicant must provide his birth certificate to establish his relationship to the deceased and the name(s) of the deceased's wife or...
Source-derived case information.
- Citation
- [2017] KEHC 4490 (KLR)
- Parties
- Applicant: Republic; Applicant: Barrack Asingo Opiyo; Respondent: Chief of Kodera Location; Respondent: The Hon. Attorney General
- Court
- High Court
- Court Station
- High Court at Homa Bay
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Civil Application 4 of 2017
- Procedural Posture
- Miscellaneous Application / Ruling on Notice of Motion for Order of Mandamus
- Outcome
- Order deferred pending provision of documents by applicant.
- Judges
- DO Ohungo
- Legal Topics
- Judicial Review, Mandamus, Public Officer Duties, Succession Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Barrack Asingo Opiyo
Applicant
Chief of Kodera Location
Respondent
The Hon. Attorney General
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Notice of Motion for Order of Mandamus
Legal Issues
- 1 Whether an order of mandamus should issue to compel the chief to write an introductory letter regarding the estate of the deceased.
- 2 Whether the applicant has provided sufficient documentation to establish his relationship to the deceased.
Ratio Decidendi
The court found that the applicant's request for an introductory letter from the chief is a straightforward administrative matter. However, before granting the order of mandamus, the applicant must provide his birth certificate to establish his relationship to the deceased and the name(s) of the deceased's wife or wives. Upon provision of these documents, the court will summon the chief to show cause why the introductory letter should not issue. The court thus deferred the grant of mandamus pending compliance with these requirements, emphasizing the need for basic documentary proof before compelling administrative action.
Court Disposition
Order deferred pending provision of documents by applicant.
Orders
- Applicant to provide birth certificate and name(s) of deceased's wife/wives.
- Upon provision, summons to issue to the chief of Kodera Location to show cause why the introductory letter cannot issue.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT HOMA BAY
MISC. CIVIL CASE. 4 OF 2017
IN THE MATTER OF THE LAW REFORM ACT SECTION 8 AND 9
AND
IN THE MATTER OF THE FAIR ADMINISTRATIVE ACT NO 4 0F 2015
BETWEEN
REPUBLIC………………………………………………..APPLICANT
CHIEF OF KODERA LOCATION………….….…..1ST RESPONDENT
THE HON. ATTORNEYGENERAL……….............2ND RESPONDENT
BARRACK ASINGO OPIYO………………...EX-PARTE APPLICANT
RULING
1. By a notice of motion dated 7th April 2017, the ex-Parte applicant prays for an order of mandamus to issue compelling the 1st respondent to perform his duty of writing an introductory letter to the applicant with regard to the estate of one DANIEL OPIYO MIDIGO(deceased) to enable the applicant commence a succession cause regarding the deceased’s estate.
2. The basis of this application is that he is the son of the late DANIEL OPIYO MIDIGO who died on 15th August 1978, and is desirous of filing a succession cause. He made a personal request for the area chief to write him an introductory letter to present to the court but the chief has declined. He has annexed a letter dated 5th December 2015 written by his advocate MR NYAUKE advancing such request but so far nothing has materialized.
3. Actually this is a simple matter which in my view does not even require such formality. What I require from the applicant is-
his birth certificate to establish the relationship alleged between him and the deceased
name of deceased’s wife/wives
4. Once he presents these documents, then I shall direct that summons do issue to the chief of Kodera location and show cause why the said introductory letter cannot issue.
The matter shall be listed for mention on 17th of July, 2017 for further directions.
Delivered and dated this 21st day of June, 2017 at Homa Bay
H. A. OMONDI
JUDGE