[2015] KEHC 7686 (KLR)
The court found that the Applicant had demonstrated the Respondent's refusal or neglect to pay the sum of Kshs.371,249/=, being costs awarded in a previous court case. The Respondent, as a public officer, has a statutory duty to comply with court orders, including payment of costs. The requirements for the grant of...
Source-derived case information.
- Citation
- [2015] KEHC 7686 (KLR)
- Parties
- Applicant: Republic; Respondent: Commissioner for Co-operative Development; Applicant: Telkom Kenya Limited
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Judicial Review 233 of 2014
- Procedural Posture
- Judicial Review Application / Judgment
- Outcome
- application allowed
- Legal Topics
- Mandamus, Enforcement of Costs, Public Officer Duties, 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
Commissioner for Co-operative Development
Respondent
Telkom Kenya Limited
Applicant
Procedural Posture
Judicial Review Application / Judgment
Legal Issues
- 1 Whether an order of mandamus should issue to compel the Respondent to pay taxed and certified costs to the Applicant.
- 2 Whether the Respondent has a statutory duty to comply with a court order for payment of costs.
Ratio Decidendi
The court found that the Applicant had demonstrated the Respondent's refusal or neglect to pay the sum of Kshs.371,249/=, being costs awarded in a previous court case. The Respondent, as a public officer, has a statutory duty to comply with court orders, including payment of costs. The requirements for the grant of an order of mandamus were satisfied, as the Applicant had obtained a judgment, the costs were taxed and certified, and all necessary procedural steps (including service of the certificate of order against the government) had been taken. The Respondent failed to pay despite demand and service. Therefore, the court issued an order of mandamus compelling the Respondent to pay the...
Court Disposition
application allowed
Orders
- An order of mandamus is issued compelling the Respondent to forthwith pay the Applicant the sum of Kshs.371,249/=
- There is no order as to costs.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
JUDICIAL REVIEW DIVISION
JR CASE NO. 233 OF 2014
REPUBLIC.................................................................APPLICANT
VERSUS
COMMISSIONER FOR CO-OPERATIVE
DEVELOPMENT………………………….......…RESPONDENT
EX-PARTE
TELKOM KENYA LIMITED
JUDGEMENT
1. The ex parte Applicant, Telkom Kenya Limited through the notice of motion application dated 24th July, 2014 prays for an order of mandamus to compel the Respondent, the Commissioner for Co-operative Development to pay Kshs.371,249/= to the Applicant being costs taxed and certified in Nairobi H.C. Misc. Civil Application No. 119 of 2011 Telkom Kenya Ltd v The Commissioner for Cooperative Development and another.
2. The application is not opposed.
3. The Applicant’s case is that it filed Judicial Review Misc. Application No. 119 of 2011 against the Respondent. Mawasiliano Sacco Society Ltd was an Interested Party. Judgement was delivered on 26th March, 2012 in its favour and the Respondent was condemned to pay costs.
4. The party and party bill of costs was drawn, filed and taxed inter partes.A Certificate of Taxation for Kshs.371,249/= dated 4th November, 2013 was served on the Respondent on 12th November, 2013. The decree was extracted and served on the Respondent on 30th January, 2014. It is the Applicant’s case that despite demand, the Respondent has failed or refused to discharge the decree.
5. Before this matter was concluded counsel for the Applicant swore a supplementary affidavit on 26th June, 2015 through which she exhibited a certificate of order against the government issued on 25th June, 2015.
6. An order of mandamus is a remedy that comes to the aid of an applicant to compel a public body or officer to perform a statutory duty where the body or officer has refused or neglected to do so. In the case before me the Applicant has demonstrated that the Respondent has refused or neglected to pay the sum of Kshs.371,249/= being costs awarded to the Applicant against the Respondent in a court case. The Respondent has a duty to comply with a court order.
7. The application therefore succeeds and an order of mandamus is issued compelling the Respondent to forthwith pay the Applicant the sum of Kshs.371,249/=. There is no order as to costs.
Dated, signed & delivered at Nairobi this 20th day of August, 2015
W. KORIR,
JUDGE OF THE HIGH COURT