[2019] KEHC 3370 (KLR)
The court found that the applicant had established the existence of a valid and unchallenged decree in Kitale CMCCC No. 104 of 2017 for the sum of Kshs. 14,146,601 plus interest. The respondents, having been served, failed to file any response or demonstrate any legal basis for non-payment. The court held that a...
Source-derived case information.
- Citation
- [2019] KEHC 3370 (KLR)
- Parties
- Applicant: Manaseh Distributors and Wholesalers Ltd; Respondent: County Government of Trans Nzoia; Respondent: Trans Nzoia County Executive Committee Member, Finance; Respondent: The Hon Attorney General
- Court
- High Court
- Court Station
- High Court at Kitale
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Civil Application 55 of 2018
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Order of Mandamus
- Outcome
- application allowed
- Judges
- HK Chemitei
- Legal Topics
- Judicial Review, Mandamus Orders, Public Body Liability
- 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
Manaseh Distributors and Wholesalers Ltd
Applicant
County Government of Trans Nzoia
Respondent
Trans Nzoia County Executive Committee Member, Finance
Respondent
The Hon Attorney General
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Order of Mandamus
Legal Issues
- 1 Whether the applicant is entitled to an order of mandamus to compel the respondents to settle the decretal sum as per the decree in Kitale CMCCC No. 104 of 2017.
- 2 Whether the respondents have any valid reason for failing to settle the decree.
Ratio Decidendi
The court found that the applicant had established the existence of a valid and unchallenged decree in Kitale CMCCC No. 104 of 2017 for the sum of Kshs. 14,146,601 plus interest. The respondents, having been served, failed to file any response or demonstrate any legal basis for non-payment. The court held that a writ of mandamus is appropriate to compel a public authority to perform its statutory duty, including the settlement of a court decree. The partial settlement by the respondents further confirmed the validity and enforceability of the decree. In the absence of any evidence of challenge or stay of execution, the court concluded that the applicant was entitled to the order of...
Court Disposition
application allowed
Orders
- An order of mandamus is hereby issued compelling the respondents to settle the sum of Kshs. 14,146,601 together with accrued interest as per the decree in Kitale CMCCC No. 104 of 2017.
- The respondents shall pay the costs of this application to the applicant.
Full Case Text
Judgment text and source record
28 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KITALE
MISC. CIVIL APPLICATION NO. 55 OF 2018
IN THE MATTER OF AN APPLICATION BY MANASEH
DISTRIBUTORSAND WHOLESALERS LTD FOR AN ORDER OF MANDAMUS
BETWEEN
REPUBLIC......................................................................................................................APPLICANT
VERSES
COUNTY GOVERNMENT OF TRANS NZOIA............................................1ST RESPONDENT
TRANS NZOIA COUNTY EXECUTIVE
COMMITTEE MEMBER, FINANCE.............................................................2ND RESPONDENT
THE HON ATTORNEY GENERAL...............................................................3RD RESPONDENT
EXPARTE: MANASEH DISTRIBUTORS AND WHOLESALERS LTD.
RULING
1. By its application dated 2nd November, 2018, the Applicant prayed for the writ of mandamus to issue so as to compel the Respondent to settle the sum of Kshs. 14,146,601 together with accrued interest as contained in the decree in Kitale CMCCC No. 104 of 2017. The said application is supported by the annexed affidavit of Manaseh Njenga, the annexures to it as well as the statement thereof.
2. The Respondent did not file any response despite being served with the same. In the meantime the applicant did file submissions which the court has perused.
3. This court is inclined to grant the application as prayed for the reason that the decree which has been attached to the application was valid and there is no evidence that the same has been challenged in any way. To that extend the Respondent is bound to honour the same.
4. It seems further and from the Applicant's position that the respondent did partially settle the decree. There is no reason in the premises why the application cannot be granted. The same is allowed as prayed with costs to the Applicant.
Dated, signed and delivered at Kitale in open court this 26th day of June, 2019.
_________________
H K CHEMITEI
JUDGE
26/6/19
In the presence of:-
Kiarie for the pplicant
Karani for Respondent
Court Assistant – Kirong
Court:- Ruling read in open court.