[2023] KEELRC 261 (KLR)
The court found that the ex-parte applicant had obtained a valid judgment and decree against the respondents, and that all necessary certificates had been issued. The respondents failed to comply with the decree and did not provide any response or justification for their non-compliance. The court held that in such...
Source-derived case information.
- Citation
- [2023] KEELRC 261 (KLR)
- Parties
- Applicant: Republic; Respondent: Commissioner General Of Prisons; Respondent: Public Service Commission; Applicant: Musa Kiprono Cheruiyot
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Judicial Review E014 of 2022
- Procedural Posture
- Judicial Review / Ruling on Motion for Order of Mandamus
- Outcome
- application allowed
- Judges
- S Radido
- Legal Topics
- Judicial Review, Mandamus Orders, Government Liability, Decree Enforcement
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Commissioner General Of Prisons
Respondent
Public Service Commission
Respondent
Musa Kiprono Cheruiyot
Applicant
Procedural Posture
Judicial Review / Ruling on Motion for Order of Mandamus
Legal Issues
- 1 Whether the respondents are obligated to comply with a court decree and pay the decretal sum to the ex-parte applicant.
- 2 Whether an order of mandamus should issue to compel payment by the government officer.
Ratio Decidendi
The court found that the ex-parte applicant had obtained a valid judgment and decree against the respondents, and that all necessary certificates had been issued. The respondents failed to comply with the decree and did not provide any response or justification for their non-compliance. The court held that in such circumstances, an order of mandamus is the appropriate remedy to compel the government officer responsible to satisfy the decretal sum. The absence of any response from the respondents further justified the grant of the order. The court therefore issued an order of mandamus against the 1st respondent's accounting officer to pay the decretal sum with interest, and awarded costs...
Court Disposition
application allowed
Orders
- An order of mandamus is issued against the 1st respondent's accounting officer compelling payment of Kshs 546,000 plus interest to the ex-parte applicant.
- The ex-parte applicant is awarded costs of the motion.
Full Case Text
Judgment text and source record
29 paragraphs
Republic v Commissioner General of Prisons & another; Cheruiyot (Exparte) (Judicial Review E014 of 2022) [2023] KEELRC 261 (KLR) (8 February 2023) (Ruling)
Neutral citation: [2023] KEELRC 261 (KLR)
Republic of Kenya
In the Employment and Labour Relations Court at Kisumu
Judicial Review E014 of 2022
S Radido, J
February 8, 2023
IN THE MATTER OF AN APPLICATION FOR JUDICIAL REVIEW BY WAY OF AN ORDER OF MANDAMUS AND IN THE MATTER OF ARTICLES 41, 73, 162, 233 AND 234 OF THE CONSTITUTION OF KENYA AND IN THE MATTER OF SECTIONS 45 AND 49 OF THE EMPLOYMENT ACT 2007 AND IN THE MATTER OF SECTIONS 7, 8 AND 9 OF THE FAIR ADMINISTRATIVE ACTION ACT 2015 AND IN THE MATTER OF SECTIONS 20 AND 21 OF THE GOVERNMENT PROCEEDINGS ACT AND IN THE MATTER OF ORDER 29 OF THE CIVIL PROCEDURE RULES AND 1 | 4 P a g e K i s u m u J R N o . E 0 1 4 o f 2 0 2 2 IN THE MATTER OF ORDERS 53(1) OF THE CIVIL PROCEDURE RULES AND IN THE MATTER OF EXECUTION OF A DECREE OF KSHS 546,000/-
Between
Republic
Applicant
and
Commissioner General Of Prisons
1st Respondent
Public Service Commission
2nd Respondent
and
Musa Kiprono Cheruiyot
Exparte
Ruling
1. The Court granted leave on November 22, 2022 to Musa Kiprono Cheruiyot (ex-parte applicant) to commence judicial review proceedings against the Commissioner General of Prisons and the Public Service Commission.
2. The ex-parte applicant filed the Motion on November 25, 2022 and the Court gave directions on December 13, 2022, (Ms Essendi from the office of the Honourable Attorney General was present when the directions were given).
3. Despite the directions, the Respondents’ responses were not on record by the agreed timeline of January 10, 2023.
4. The ex-parte applicant filed his submissions on January 23, 2023.
5. It is not in dispute that the Court entered judgment for the ex-parte applicant for Kshs 546,000/- in Kisumu Cause No 330 of 2016, Musa Kiprono Cheruiyot v Commissioner General of Prisons & Ar.
6. It is also not in dispute that the ex-parte applicant obtained a decree, certificate of costs and certificate of order against the government.
7. The Respondents have not filed any response to the Motion to explain why they have failed to comply with the decree and certificates.
8. The Court, therefore decrees that:i.An order of mandamus is hereby issued against the 1st Respondent’s Accounting Officer compelling him/her to pay the ex-parte applicant the decretal sum of Kshs 546,000/- together with interest.ii.The ex-parte applicant to have costs of the Motion.
DELIVERED VIRTUALLY, DATED AND SIGNED IN KISUMU ON THIS 8THDAY OF FEBRUARY 2023. RADIDO STEPHEN, MCIARBJUDGEAPPEARANCESFor ex-parte applicant Wachira Wanjiru & Co. AdvocatesRespondents did not formally come on recordCourt Assistant Chrispo Aura