[2023] KEHC 25692 (KLR)
The court found that the applicant had obtained a valid judgment in the Chief Magistrate’s Court for rental arrears, mesne profits, and vacant possession, and that the respondents had failed to comply with the judgment. The applicant had previously been denied mandamus for non-compliance with execution procedures...
Source-derived case information.
- Citation
- [2023] KEHC 25692 (KLR)
- Parties
- Applicant: Grandways Venture Limited; Respondent: County Government of Trans Nzoia; Respondent: County Secretary, Trans Nzoia County; Respondent: Chief Finance Officer, Trans Nzoia County; Respondent: Chief Officer Gender, Youth, Sports Culture & Tourism Trans Nzoia County
- Court
- High Court
- Court Station
- High Court at Kitale
- Jurisdiction
- Kenya
- Case Number
- Judicial Review Cause E002 of 2023
- Procedural Posture
- Judicial Review / Judgment
- Outcome
- application allowed
- Judges
- AC Mrima
- Legal Topics
- Mandamus Against Government, Execution of Judgments, Public Law Remedies, Government Liability
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Grandways Venture Limited
Applicant
County Government of Trans Nzoia
Respondent
County Secretary, Trans Nzoia County
Respondent
Chief Finance Officer, Trans Nzoia County
Respondent
Chief Officer Gender, Youth, Sports Culture & Tourism Trans Nzoia County
Respondent
Procedural Posture
Judicial Review / Judgment
Legal Issues
- 1 Whether the applicant is entitled to an order of mandamus to compel payment of decretal sums and costs by the respondents.
- 2 Whether the applicant is entitled to an order of mandamus to compel the respondents to reinstate and hand over vacant possession of the premises.
- 3 Whether the applicant has complied with all procedural requirements for execution against government entities.
Ratio Decidendi
The court found that the applicant had obtained a valid judgment in the Chief Magistrate’s Court for rental arrears, mesne profits, and vacant possession, and that the respondents had failed to comply with the judgment. The applicant had previously been denied mandamus for non-compliance with execution procedures against government, but had now fully complied with all statutory and procedural requirements. The court held that the applicant was entitled to mandamus to compel the respondents to pay the decretal sum, taxed costs, and to reinstate and hand over vacant possession of the premises. The court further ordered that costs of the proceedings be borne by the respondents.
Court Disposition
application allowed
Orders
- An order of mandamus is issued compelling the 1st, 2nd, and 3rd respondents to pay Kshs. 4,139,229.60 being the decretal sum arising from CMCC No. 44 of 2020.
- An order of mandamus is issued compelling the 1st, 2nd, and 3rd respondents to pay Kshs. 277,495.00 being the taxed costs in CMCC No. 44 of 2020.
Full Case Text
Judgment text and source record
33 paragraphs
Republic v County Government of Trans Nzoia & 3 others; Grandways Venture Limited (Exparte Applicant) (Judicial Review Cause E002 of 2023) [2023] KEHC 25692 (KLR) (23 November 2023) (Judgment)
Neutral citation: [2023] KEHC 25692 (KLR)
Republic of Kenya
In the High Court at Kitale
Judicial Review Cause E002 of 2023
AC Mrima, J
November 23, 2023
Between
Republic
Applicant
and
The County Government of Trans Nzoia
1st Respondent
The County Secretary, Trans Nzoia County
2nd Respondent
The Chief Finance Officer, Trans Nzoia County
3rd Respondent
The Chief Officer Gender, Youth, Sports Culture & Tourism Trans Nzoia County
4th Respondent
and
Grandways Venture Limited
Exparte Applicant
Judgment
1. By way of Judicial Review proceedings, the Ex-parte Applicant herein, Grandways Venture Limited, invoked the jurisdiction of this Court and vide an application by way of a Notice of Motion dated 12th May, 2023 sought the following reliefs: -1. That the Honourable Court be pleased to grant to the Applicant: -i.An Order Of Mandamus directed at the 1st, 2nd and 3rd Respondents compelling them to pay Kshs. 4,139,229. 60 being the decretal sum arising from The Matter Of Chief Magistrate’s Court Civil Suit No. 44 Of 2020;ii.An Order Of Mandamus directed at the 1st, 2nd and 3rd Respondents compelling them to pay Kshs. 277,495. 00 being the taxed costs In The Matter Of Chief Magistrate’s Court At Kitale Civil Suit No. 44 Of 2020;iii.An Order Of Mandamus directed at the 1st, 2nd and 3rd Respondents compelling them to reinstate the premises and handover vacant possession of the ex-parte Applicant’s premises as ordered In The Matter Chief Magistrate’s Court At Kitale Civil Suit No. 44 Of 2020;2. That the Honourable Court be pleased to grant such or further reliefs at it may deem fit in the circumstance.3. That the costs of these proceedings be borne by the Respondents.
2. The gravamen of the instant proceedings was that the Ex-parte Applicant filed a civil suit in the Chief Magistrate’s Court at Kitale being CMCC No. 44 of 2020; Grandways Venture Limited vs. The County Government of Trans Nzoia (hereinafter referred to as the ‘Civil suit’).
3. Judgment in the civil suit was delivered on 25th May, 2021 in the following terms: -a.The Defendant is ordered to pay rental arrears amounting to Kshs. 3,322,533. 00 to the Plaintiff.b.The Defendant is ordered to pay accrued rent or mesne profits at Kshs. 150,950. 80 per month from April 2020 till date of handing over vacant possession of the premises.c.The Defendant is ordered to give vacant possession of the premises (to return the said premise to its original state), to the Plaintiff.d.The Defendant is ordered to pay all utility charges as provided for in the lease agreement.e.The Plaintiff has the costs of the suit and interests at court rates.
4. The Ex-parte Applicant lamented that efforts to have the decretal sum settled had been futile and the sums remained due and owing. The Ex-parte Applicant was further aggrieved by the Respondents’ failure to handover vacant possession of the suit premises. The failure to abide by the trial Court’s judgment in the civil suit coupled with the Ex-parte Applicant’s inability to attach the 1st Respondent’s assets were the reasons for the present proceedings. The Ex-parte Applicant urged this Court to grant the reliefs sought as it was in the interest of justice.
5. During the hearing of the substantive motion, this Court confirmed and was satisfied that service of the pleadings upon the Respondents was properly effected. In fact, a Counsel, Miss. Mukamo, appeared in Court on 2nd August, 2023 and sought for time for the Respondents to organize for the settlement of the dues herein. The hearing, however, proceeded.
6. This Court is now invited to determine whether the present motion is with merit and ought to be granted in the circumstances.
7. The Exparte Applicant took out similar execution proceedings vide Judicial Review No. E003 of 2022. On 3rd November, 2022 this Court declined to issue the orders sought for want with compliance with the law on execution against Government.
8. This Court has now carefully perused the instant record. The Court is satisfied that indeed the Exparte Applicant has now fully complied with all the procedural requirements towards execution against the Respondents. The Applicant is now entitled to the orders sought.
9. Consequently, the following orders do hereby issue: -a.An Order of Mandamus is hereby issued as sought in prayer 1 of the Notice of Motion dated 12th May, 2023. b.Costs of these proceedings to be borne by the Respondents.Orders accordingly.
DELIVERED, DATED AND SIGNED AT KITALE THIS 23RD DAY OF NOVEMBER, 2023. A. C. MRIMAJUDGEJudgment delivered virtually in the presence of: -Mr. Que, Learned Counsel for the Ex-parte Applicant.No appearance for the Respondents.