[2021] KEELC 3697 (KLR)
The court adopted the consent between the parties as its order, recognizing that the respondents had agreed to pay the decretal sum of Kshs.15,296,000 plus interest at 12% per annum from 27th April 2016 to 27th April 2021 by 30th December 2021. The adoption of the consent resolved the application for mandamus, as...
Source-derived case information.
- Citation
- [2021] KEELC 3697 (KLR)
- Parties
- Applicant: Republic; Respondent: County Secretary, County Government of Meru; Respondent: C.E.C.M. Finance/Deputy Governor, County Government of Meru; Applicant: John Muchai (Legal Representative of Isaya Mugambi Muketha, Deceased)
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Chuka
- Jurisdiction
- Kenya
- Case Number
- Environment and Land Judicial Review Case 1 of 2021
- Procedural Posture
- Judicial Review Application / Consent Judgment/adoption of Consent
- Outcome
- Consent adopted as order of the court; application stood over generally.
- Legal Topics
- Judicial Review, Mandamus, Enforcement of Court Orders, Public Authority Liability
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
County Secretary, County Government of Meru
Respondent
C.E.C.M. Finance/Deputy Governor, County Government of Meru
Respondent
John Muchai (Legal Representative of Isaya Mugambi Muketha, Deceased)
Applicant
Procedural Posture
Judicial Review Application / Consent Judgment/adoption of Consent
Legal Issues
- 1 Whether an order of mandamus should issue to compel the respondents to honour the court's decree in Chuka High Court E & L case No. 4 of 2018.
- 2 Whether the respondents are liable to pay the decretal sum and interest as agreed in the consent.
Ratio Decidendi
The court adopted the consent between the parties as its order, recognizing that the respondents had agreed to pay the decretal sum of Kshs.15,296,000 plus interest at 12% per annum from 27th April 2016 to 27th April 2021 by 30th December 2021. The adoption of the consent resolved the application for mandamus, as the respondents acknowledged their obligation to satisfy the decree. The court's role was limited to formalizing the parties' agreement, which is enforceable as a judgment of the court. The matter was stood over generally to allow for compliance, with a mention date to be fixed after the High Court Christmas Vacation to confirm payment. The legal basis for mandamus and the...
Court Disposition
Consent adopted as order of the court; application stood over generally.
Orders
- The respondents shall pay Kshs.15,296,000, being the principal together with interest at 12% per annum from 27th April, 2016 to 27th April, 2021 on or before 30th December, 2021.
- The matter be mentioned on a date to be taken by the parties after the 2021 High Court Christmas Vacation to confirm compliance.
Full Case Text
Judgment text and source record
49 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT CHUKA
CHUKA ELC JUDICIAL REVIEW CASE NO. 1 OF 2021
FOREMERLY MERU JUDICIAL REVIEW CASE NO. 06 OF 2019
IN THE MATTER OF ORDER 53 RULES 1 AND 2
OF THE CIVIL PROCEDURE RULES
AND
IN THE MATTER OF SECTION 8 AND 9 OF THE
LAW REFORM ACT CAP 26 LAWS OF KENYA
AND IN THE MATTER OF APPLICATION FOR LEAVE
TO APPLY FOR JUDICIAL REVIEW IN THE NATURE OF MANDAMUS
BETWEEN
REPUBLIC......................................................................................APPLICANT
VERSUS
THE COUNTY SECRETARY COUNTY
GOVERNMENT OF MERU..................................................1ST RESPONDENT
C.E.C.M. FINANCE/DEPUTY GOVERNOR
COUNTY GOVERNMENT OF MERU................................2ND RESPONDENT
EXPARTE..................................................................................JOHN MUCHAI
(LEGAL REPRESENTATIVE OF ISAYA MUGAMBI MUKETHA ( DECEASED)
RULING
1. This Notice of Motion in this matter is dated 18th June, 2019 and states as follows:
NOTICE OF MOTION
Under Order 53 rule 3 (1) OF THE Civil Procedure Rules, 2010 Section 8 and 9 of the Law Reform Act, Cp. 26 Laws of Kenya and all other enabling provisions of the law.
(Pursuant to leave granted by Hon. Justice F. Gikonyo on 13th June, 2019)
TAKE NOTICE that this honourable court will be moved on………..day of……….2019 at 9. 00 o’clock in the forenoon or soon thereafter as counsel for the Interested Party/Applicant may be heard for orders:-
1. That this honourable court be pleased to grant an order of Mandamus to compel the respondents to honour this court’s decree in Chuka High Court E & L case No. 4 of 2018 (Formerly Meru High Court ELC No. 63 of 2004).
2. That cost of this application be borne by the respondents.
Which application is supported by the grounds set out in the statement attached hereunder and in the annexed affidavit of John Muchai and on such further grounds as may be adduced at the hearing thereof.
DATED AT MERU THIS 18TH DAY OF JUNE, 2019.
......................................................................
For: M/s A.G. Riungu & Co.
Advocates for the ex-parte applicant.
2. On 19th April, 2021, the parties proffered a consent and asked the court to adopt it as its order. The consent is in the following format:
CONSENT
By consent, the exparte applicant and the 1st and 2nd respondents agree as follows:-
1. The respondents shall pay Kshs.15,296,000, being the principal together with interest at 12% per annum from 27th April, 2016 to27th April, 2021 on or before 30th December, 2021.
2. The matter be mentioned on a date to be taken by the parties after the 2021 High Court Christmas Vacation to confirm compliance.
3. The application dated 18th June 2019 be stood over generally.
DATED THIS 19TH DAY OF APRIL, 2021
AG Riungu for the ex-parte Applicants
M. Kibanga for the 1st & 2nd Respondent
3. This consent is adopted as an order of this court.
DELIVERED IN OPEN COURT AT CHUKA THIS 19TH DAY OF APRIL, 2021 IN THE PRESENCE OF:
CA: Ndegwa
Riungu for the Exparte Applicant
Kibanga for 1st and 2nd Respondents
P. M. NJOROGE,
JUDGE