[2017] KEHC 4977 (KLR)
The court found that the decretal sum owed to the ex parte applicant was not disputed by the respondents or the interested party. In the absence of any lawful justification for non-payment, and in light of the applicant's right to enforcement of the judgment, the court held that it was only fair and just for the ex...
Source-derived case information.
- Citation
- [2017] KEHC 4977 (KLR)
- Parties
- Applicant: Republic; Respondent: Municipal Council of Busia; Respondent: The Clerk, Municipal Council of Busia; Applicant: Julius Orina Manwari; Interested Party: County Government of Busia
- Court
- High Court
- Court Station
- High Court at Busia
- Jurisdiction
- Kenya
- Case Number
- Judicial Review 15 of 2011
- Procedural Posture
- Judicial Review / Ruling on Notice of Motion for Enforcement of Judgment
- Outcome
- application granted
- Legal Topics
- Enforcement of Judgments, Civil Jail, Decretal Sum, Show Cause Proceedings
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Municipal Council of Busia
Respondent
The Clerk, Municipal Council of Busia
Respondent
Julius Orina Manwari
Applicant
County Government of Busia
Interested Party
Procedural Posture
Judicial Review / Ruling on Notice of Motion for Enforcement of Judgment
Legal Issues
- 1 Whether the Interested Party's officials should be compelled to show cause why they should not be committed to civil jail for failure to pay the decretal sum.
- 2 Whether the ex parte applicant is entitled to enforcement of the undisputed decretal sum.
Ratio Decidendi
The court found that the decretal sum owed to the ex parte applicant was not disputed by the respondents or the interested party. In the absence of any lawful justification for non-payment, and in light of the applicant's right to enforcement of the judgment, the court held that it was only fair and just for the ex parte applicant to be paid what is due. Accordingly, the court granted the orders sought, including issuance of notice to the relevant officials of the Interested Party to show cause why they should not be committed to civil jail for failure to pay the decretal sum, and leave to apply.
Court Disposition
application granted
Orders
- Notice to issue to the Interested Party's Finance Executive Committee Member and the Busia County Secretary to show cause why they should not be committed to civil jail for failure to pay the decretal sum.
- Leave to apply is granted.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT BUSIA
JUDICIAL REVIEW NO. 15 OF 2011
REPUBLIC..........................................................................APPLICANT
VERSUS
MUNICIPAL COUNCIL OF BUSIA.........................1st RESPONDENT
THE CERK, MUNICIPAL COUNCIL OF BUSIA...2nd RESPONDENT
AND
JULIUS ORINA MANWARI...........................EX PARTE APPLICANT
AND
COUNTY GOVERNMENT OF BUSIA................INTERESTED PARTY
RULING
The ex parte applicant moved the court by way of notice of motion dated 7th April, 2016 under sections 1A, 1B,3, 3A,38,40 and 63(e) of the Civil Procedure Act; Order1,Order 22 Rule 31 and Order 51 of the civil procedure Rules,2010; Article 159(2) (b) and (d) of the Constitution of Kenya, 2010; Section 59 of the Urban Areas and Cities Act; section 6(1) of the County Government Act; section 23 (3)(e) of the Interpretation and General Provisions Act cap 2 Laws of Kenya. The parties having compromised the second substantive prayer, the ex parte applicant is seeking orders in terms of prayer three and four as follows:-
3. That notice do issue to the Interested Party's Finance Executive Committee Member as well as the Busia County Secretary, to show cause why they should not be committed to civil jail for failure to pay the decretal sum herein.
4. That there be leave to apply.
I have perused the affidavits by both parties and the submissions by their respective counsel. I have noted that the decretal sum is not disputed. It is only fair therefore for the ex parte applicant to be paid what is due to him.
I accordingly grant the orders sought.
DELIVEREDandSIGNEDatBUSIAthis22nddayof June, 2017
KIARIE WAWERU KIARIE
JUDGE.