[2024] KEELRC 13230 (KLR)
The court found that the applicant had established that the respondents failed to comply with a valid court judgment awarding him damages and costs. The respondents' explanation of budgetary constraints and ongoing steps to secure funds did not justify indefinite delay in satisfaction of the decree. The law imposes...
Source-derived case information.
- Citation
- [2024] KEELRC 13230 (KLR)
- Parties
- Applicant: Republic; Respondent: Commission Secretary and Chief Executive Officer National Police Service Commission; Respondent: National Police Service Commission; Applicant: Sebastian Kirunya Limbitu
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Judicial Review E038 of 2024
- Procedural Posture
- Judicial Review / Judgment
- Outcome
- application allowed
- Judges
- B Ongaya
- Legal Topics
- Mandamus Orders, Government Liability, Enforcement of Judgments, Constitutional Damages, Public Officer Duties
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Commission Secretary and Chief Executive Officer National Police Service Commission
Respondent
National Police Service Commission
Respondent
Sebastian Kirunya Limbitu
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 Nairobi ELRC Petition No. 41 of 2016.
- 2 Whether the respondents have failed or refused to comply with the judgment and decree of the court.
- 3 Whether the respondents' budgetary constraints justify delay in payment of the decretal sum.
Ratio Decidendi
The court found that the applicant had established that the respondents failed to comply with a valid court judgment awarding him damages and costs. The respondents' explanation of budgetary constraints and ongoing steps to secure funds did not justify indefinite delay in satisfaction of the decree. The law imposes a duty on the respondents, particularly the accounting officer, to ensure payment of court-ordered sums. The court held that an order of mandamus was warranted to compel payment, and set a clear timeline for compliance, prioritizing the amounts in the respondents' budget for payment by 1 October 2025. The court further granted liberty to the applicant to seek consequential...
Court Disposition
application allowed
Orders
- An order of mandamus is issued compelling the respondents to pay the decretal sum of Kshs. 3,000,000 with interest from the date of filing the petition, plus costs of Kshs. 275,675, as awarded in Nairobi ELRC Petition No. 41 of 2016.
- The amounts are to be prioritized in the respondents' budget and paid in full by 1 October 2025, not later than the first quarter of the 2025/2026 financial year.
Full Case Text
Judgment text and source record
26 paragraphs
Republic v Commission Secretary and Chief Executive Officer National Police Service Commission & another; Limbitu (Exparte) (Judicial Review E038 of 2024) [2024] KEELRC 13230 (KLR) (27 November 2024) (Judgment)
Neutral citation: [2024] KEELRC 13230 (KLR)
Republic of Kenya
In the Employment and Labour Relations Court at Nairobi
Judicial Review E038 of 2024
B Ongaya, J
November 27, 2024
IN THE MATTER OF AN APPLICATION BY SEBASTIAN KIRUNYA LIMBITU FOR JUDICIAL REVIEW ORDER OF MANDAMUS AND IN THE MATTER OF GOVERNMENT PROCEEDINGS ACT S.21(1), (2), (3), &(4) AND IN THE MATTER OF ORDER 53 OF THE CIVIL PROCEDURE RULES AND IN THE MATTER OF EXECUTION OF DECREE AND IN THE MATTER OF ARTICLES 2(1) &(2), 10, &162 (2) (a) OF THE CONSTITUTION OF KENYA 2010
Between
Republic
Applicant
and
Commission Secretary and Chief Executive Officer National Police Service Commission
1st Respondent
National Police Service Commission
2nd Respondent
and
Sebastian Kirunya Limbitu
Exparte
Judgment
1. The applicant filed a notice of motion dated 02. 08. 2024 through C.B. Mwongela & Company Advocates. The relief prayed for was as follows:a.An order of mandamus to issue against the respondents herein for compelling them to payout the decretal sum of Kshs.3,000,000. 00 with interest from the date of filing the petition being damages for constitutional violations plus costs of the petition Kshs. 275, 675. 00 in Nairobi ELRC Petition No. 41 of 2016, Sebastian Kirunya Limbitu Vs The National Police Service Commission & Another whose judgment was delivered on 23. 10. 2017 and continues to attract interest until the date of payment.b.That the Court be pleased to set a timeline and duration within which the respondents will settle the decretal sum with accrued interest until the date of payment.c.The applicant be at liberty to apply to the Court for all consequential orders as may be necessary.d.The respondent to pay costs of the application.
2. The applicant has exhibited the judgment and decree therefrom in Nairobi ELRC Petition No. 41 of 2016, Sebastian Kirunya Limbitu Vs The National Police Service Commission & Another.
3. The applicant states that the 1st respondent is the 2nd respondent’s accounting officer contemplated in section 21(3) of the Government Proceedings Act. Further, the applicant states that the respondents have ignored, refused, and failed to comply with the judgment delivered in Nairobi ELRC Petition No. 41 of 2016, Sebastian Kirunya Limbitu Vs The National Police Service Commission & Another.
4. The respondents filed the replying affidavit of Peter Kiptanui Leley being the 1st respondent and sworn on 25. 10. 2024. The affidavit was filed through the learned Senior Litigation Counsel for the respondent, Ms. Brenda Opiyo. It is stated that the respondents have taken steps to have the decretal sum subject of the application paid. The 1st respondent’s letter dated 15. 10. 2024 is exhibited as addressed to the Principal Secretary, National Treasury, for funds to be allocated in the sum of Kshs. 6, 543, 626. 75 as at 15. 10. 2024 and which continued to accrue interest. It is submitted that the respondent’s budget for 2024/2025 is constrained with no budgeted funds to settle the applicant’s claim. The further submission is that the claimed amounts be budgeted for in the budget for 2025/2026.
5. There appears no objections to the application except the timelines for payment.In the circumstances, the notice of motion is hereby allowed and determined with reliefs as follows:a.The order of mandamus hereby issued against the respondents herein for compelling them to payout the decretal sum of Kshs.3, 000,000. 00 with interest from the date of filing the petition being damages for constitutional violations plus costs of the petition Kshs. 275, 675. 00 in Nairobi ELRC Petition No. 41 of 2016, Sebastian Kirunya Limbitu Vs The National Police Service Commission & Another whose judgment was delivered on 23. 10. 2017 and continues to attract interest until the date of payment.b.That amounts in order (a) above be prioritized by the 1st respondent in the 2nd respondent’s budget to be provided and paid not later than beyond the budget for financial year 2025/ 2026 and payable by 1st quarter thereof in full by 01. 10. 2025. c.In default of order (b) above the applicant at liberty to file for consequential orders including for contempt proceedings against the holder of the 1st respondent office and the members of 2nd respondent as may be just and appropriate to proceed.d.The respondents to pay costs of the application.
SIGNED, DATED AND DELIVERED BY VIDEO-LINK AND IN COURT AT NAIROBI THIS WEDNESDAY 27TH NOVEMBER 2024. BYRAM ONGAYAPRINCIPAL JUDGE