[2024] KEHC 14697 (KLR)
The court found that the applicant had satisfied the requirements for issuance of a notice to show cause against the respondents for contempt of court, as the respondents failed to comply with a valid order of mandamus issued on 13th February, 2024, despite being duly served with the certificate of order against the...
Source-derived case information.
- Citation
- [2024] KEHC 14697 (KLR)
- Parties
- Applicant: Republic; Respondent: Nairobi City County Government; Respondent: CECM, Finance & Economic Affairs; Respondent: Chief Officer, Revenue Administration; Respondent: County Secretary, Nairobi City County; Respondent: County Attorney; Respondent: Chief Officer, Finance/County Treasurer Nairobi City County; Applicant: KTK Advocates
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Judicial Review E086 of 2023
- Procedural Posture
- Judicial Review / Ruling on Application for Notice to Show Cause for Contempt
- Outcome
- notice to show cause issued against respondents for alleged contempt of court
- Judges
- JM Chigiti
- Legal Topics
- Mandamus Against Government, Contempt of Court, Enforcement of Decrees, Public Officer Liability
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Nairobi City County Government
Respondent
CECM, Finance & Economic Affairs
Respondent
Chief Officer, Revenue Administration
Respondent
County Secretary, Nairobi City County
Respondent
County Attorney
Respondent
Chief Officer, Finance/County Treasurer Nairobi City County
Respondent
KTK Advocates
Applicant
Procedural Posture
Judicial Review / Ruling on Application for Notice to Show Cause for Contempt
Legal Issues
- 1 Whether the respondents are in contempt of court for failing to comply with an order of mandamus issued on 13th February, 2024.
- 2 Whether a notice to show cause should issue against the respondents for disobedience of court orders.
- 3 Whether the applicant is entitled to the orders sought for enforcement against the government.
Ratio Decidendi
The court found that the applicant had satisfied the requirements for issuance of a notice to show cause against the respondents for contempt of court, as the respondents failed to comply with a valid order of mandamus issued on 13th February, 2024, despite being duly served with the certificate of order against the government. The court emphasized that the Constitution mandates equality before the law and that government entities are not exempt from compliance with court orders. The court relied on appellate authority confirming that mandamus is the only remedy available for enforcing decrees against the government, and that the law intends for decrees to be complied with. Consequently,...
Court Disposition
notice to show cause issued against respondents for alleged contempt of court
Orders
- A Notice to Show Cause is issued to the CECM, Finance & Economic Affairs; Chief Officer, Revenue Administration; County Secretary, Nairobi City County; County Attorney; and Chief Officer, Finance/County Treasurer Nairobi City County to show cause why contempt of court proceedings should not be commenced against them...
- The matter shall proceed with the hearing of the said notice on 11th November, 2024 at 10:30 AM.
Full Case Text
Judgment text and source record
45 paragraphs
Republic v Nairobi City County Government & 5 others; KTK Advocates (Exparte Applicant) (Judicial Review E086 of 2023) [2024] KEHC 14697 (KLR) (Judicial Review) (30 September 2024) (Ruling)
Neutral citation: [2024] KEHC 14697 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Judicial Review
Judicial Review E086 of 2023
JM Chigiti, J
September 30, 2024
Between
Republic
Applicant
and
Nairobi City County Government
1st Respondent
CECM, Finance & Economic Affairs
2nd Respondent
Chief Officer, Revenue Administration
3rd Respondent
The County Secretary, Nairobi City County
4th Respondent
County Attorney
5th Respondent
Chief Officer, Finance/County Treasurer Nairobi City County
6th Respondent
and
KTK Advocates
Exparte Applicant
Ruling
1. The application before this court is the one dated 10th July, 2023 wherein the applicant seeks the following orders;1. .…spent2. That, a Notice to Show Cause does issue to the Respondents:i.CECM, Finance & Economic Affairs.ii.Chief Officer, Revenue Administration.iii.County Secretary, Nairobi City County.iv.County Attorney.v.Chief Officer, Finance/County Treasurer Nairobi3. City County to Show Cause why Contempt of Court Proceedings should not be commenced against them for disobedience of Orders of this Honourable Court given on 13. 02. 24. 4.That, this Honourable Court does issue such orders as it may deem fit to grant in the interests of justice.5. That, the costs of this application be provided for.
2. It is the Applicant’s case that an Order of Mandamus was issued on 13th February, 2024. A Certificate of Order against the Government was extracted and served upon the Respondents on 17th May, 2024. The decretal amount remains unpaid to date.
3. Reliance is placed in the Court of Appeal in Nairobi Civil Appeal No. E29o of 2023, Five Star Agencies Limited ~Vs~ National Land Commission & Another [Unreported] set out the law over the road map for execution against the Government and its Organs and held thus:“Having stated the foregoing, and since Decrees will from time to time be issued against the Government, what then is the option available to a Party who holds a Decree against the Government? The only remedy available to such a person is to institute Judicial Review Proceedings and seek an Order of Mandamus to compel the Government to settle the Decree in question...It is clear beyond any peradventure that the procedure to be followed in execution against the Government is to seek an Order of Mandamus to compel the relevant person in the Government to settle the Decree in question.”
4. The Applicant submits that the Constitution is a progressive one that seeks to create equity, equality and parity to all litigants under the law.
5. Article 2 of The Constitution enjoins all to be equal and under the law.
6. Article 40 of The Constitution protects the Right to Property and that the State "shall not deprive a person of Property of any description".
7. Article 48 of The Constitution guarantees access to justice to all.
8. Article 159 of The Constitution states that justice "shall be done to all irrespective of status"
9. Issuance of a Decree is the culmination of a litigation process. The law intends that the Decree be complied with.
10. The Constitution demands that all are equal before the law.
11. The enforcement of Decrees against the Government must at all be fair and equitable to all Parties and the Government cannot be the only one that can be execute its Decrees like other litigants but when it comes to execution against it, it is protected.
12. The Applicant has satisfied this court that it is entitled to the orders as sought.
Order: 1. A Notice to Show Cause do issue to the Respondents:a.CECM, Finance & Economic Affairs.b.Chief Officer, Revenue Administration.c.County Secretary, Nairobi City County.d.County Attorney.e.Chief Officer, Finance/County Treasurer Nairobi
2. City County to Show Cause why Contempt of Court Proceedings should not be commenced against them for disobedience of Orders of this Honourable Court given on 13th February, 2024.
3. The matter shall proceed with the hearing of the said Notice on 11. 11. 24 at 10. 30 AM.
4. The officers shall attend open court in person that day.
DATED, SIGNED AND DELIVERED AT NAIROBI THIS 30THDAY OF SEPTEMBER, 2024. …………………………………J. M. CHIGITI (SC)JUDGE