[2012] KEHC 4773 (KLR)

[2012] KEHC 4773 (KLR)

The court held that it had jurisdiction to grant the orders of mandamus issued on 8th April, 2011, as the respondent had a statutory duty to ensure proper management of public funds and to address complaints of mismanagement. The orders did not exceed the respondent's statutory mandate and were within the scope of...

Source-derived case information.

Citation
[2012] KEHC 4773 (KLR)
Parties
Applicant: Republic; Respondent: The Constituency Development Board; Interested Party: Kenya Anti-Corruption Commission; Ex Parte Applicant: Thomas Mongare Moindi, Philomen M. Apiemi, Mary K. Ondieki and John A. Onyancha as officials of the Millennium Forum for Unity and Development; Applicant: Hon. Dr. James Ondicho Gesami, Evans Onduko, Francis Obare and the West Mugirango Constituency Development Executive Committee
Court
High Court
Court Station
High Court at Nairobi (Milimani Commercial Courts)
Jurisdiction
Kenya
Judgment Date
19 April 2012
Case Number
Miscellaneous Civil Application 264 of 2010
Procedural Posture
Miscellaneous Application / Ruling on Application to Set Aside And/or Review Orders of Mandamus
Outcome
application dismissed with costs to the ex parte applicants and the interested party
Judges
DK Musinga
Legal Topics
Judicial Review, Mandamus Orders, Natural Justice, Jurisdiction of High Court, Fair Administrative Action
Source Language
english
Administrative Law Civil Procedure Judicial Review Mandamus Orders Natural Justice Jurisdiction of High Court Fair Administrative Action

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Parties

Republic

Applicant

The Constituency Development Board

Respondent

Kenya Anti-Corruption Commission

Interested Party

Thomas Mongare Moindi, Philomen M. Apiemi, Mary K. Ondieki and John A. Onyancha as officials of the Millennium Forum for Unity and Development

Ex Parte Applicant

Hon. Dr. James Ondicho Gesami, Evans Onduko, Francis Obare and the West Mugirango Constituency Development Executive Committee

Applicant

Procedural Posture

Miscellaneous Application / Ruling on Application to Set Aside And/or Review Orders of Mandamus

Legal Issues

  1. 1 Whether the High Court had jurisdiction to grant the orders of mandamus issued on 8th April, 2011.
  2. 2 Whether the High Court has jurisdiction to set aside or review final orders of mandamus once issued.
  3. 3 Whether there was a breach of the rules of natural justice by not hearing the applicants before issuing adverse orders.

Ratio Decidendi

The court held that it had jurisdiction to grant the orders of mandamus issued on 8th April, 2011, as the respondent had a statutory duty to ensure proper management of public funds and to address complaints of mismanagement. The orders did not exceed the respondent's statutory mandate and were within the scope of mandamus. However, the court found that it lacked jurisdiction to set aside or review its own final orders of mandamus, as Section 8(3) of the Law Reform Act makes such orders final and only subject to appeal. The court rejected the applicants' argument that their right to be heard was violated, noting that Dr. Gesami had filed an affidavit and the applicants were aware of the...

Court Disposition

application dismissed with costs to the ex parte applicants and the interested party

Orders

  • The application to set aside or review the orders of mandamus issued on 8th April, 2011 is dismissed.
  • Costs awarded to the ex parte applicants and the interested party.