[2014] KEHC 3018 (KLR)
The court held that the police, by virtue of statutory and constitutional obligations, are required to ensure that lawful court orders are observed and enforced. The judge distinguished between purely civil suits, where police are not required to execute orders, and judicial review applications, which are public law...
Source-derived case information.
- Citation
- [2014] KEHC 3018 (KLR)
- Parties
- Applicant: Republic; Respondent: Nairobi City County Government; Respondent: Nairobi City County Government Executive Committee Member, Roads, Public Works and Transport; Interested Party: Triple S Services Co. Ltd; Applicant: Nucleaur Investments Ltd; Applicant: Zipporah Wangari Kimani t/a Jamaa Grocers
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Judicial Review 341 of 2014
- Procedural Posture
- Judicial Review / Ruling on Enforcement of Conservatory Orders
- Outcome
- Application granted in part; prayer 2 of the Motion dated 16th September 2014 allowed.
- Judges
- GV Odunga
- Legal Topics
- Judicial Review Orders, Enforcement of Court Orders, Role of Police in Public Law, Rule of Law
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Nairobi City County Government
Respondent
Nairobi City County Government Executive Committee Member, Roads, Public Works and Transport
Respondent
Triple S Services Co. Ltd
Interested Party
Nucleaur Investments Ltd
Applicant
Zipporah Wangari Kimani t/a Jamaa Grocers
Applicant
Procedural Posture
Judicial Review / Ruling on Enforcement of Conservatory Orders
Legal Issues
- 1 Whether the police are under a statutory and constitutional obligation to enforce court orders issued in judicial review proceedings.
- 2 Whether the OCS Kamkunji Police Station should be directed to oversee enforcement of the court's conservatory orders.
Ratio Decidendi
The court held that the police, by virtue of statutory and constitutional obligations, are required to ensure that lawful court orders are observed and enforced. The judge distinguished between purely civil suits, where police are not required to execute orders, and judicial review applications, which are public law remedies and may require police supervision. The court found that the police's reluctance to enforce the conservatory orders was contrary to their duty under the law. Consequently, the court granted the applicant's request and directed the OCS Kamkunji Police Station to oversee the strict observance and enforcement of the orders issued on 10th September 2014.
Court Disposition
Application granted in part; prayer 2 of the Motion dated 16th September 2014 allowed.
Orders
- The OCS Kamkunji Police Station is directed to oversee the strict observance and enforcement of the orders given on 10th September 2014.
Full Case Text
Judgment text and source record
29 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
(MILIMANI LAW COURTS)
JUDICIAL REVIEW NO. 341 OF 2014
IN THE MATTER OF AN APPLICATION FOR JUDICIAL REVIEW ORDERS OF CERTIORARI, MANDAMUS AND PROHIBITION
BETWEEN
REPUBLIC………………………………………………………APPLICANT
-VERSUS-
NAIROBI CITY COUNTY GOVERNMENT…….....…1ST RESPONDENT
NAIROBI CITY COUNTY GOVERNMENT EXECUTIVE
COMMITTEE MEMBER, ROADS, PUBLIC
WORKS AND TRANSPORT……..……………….....2ND RESPONDENT
AND
TRIPLE S SERVICES CO. LTD…….…………….INTERESTED PARTY
EX-PARTE:NUCLEUR INVESTMENTS LTD
ZIPPORAH WANGARI KIMANI t/aJAMAA GROCERS
RULING
I have considered the application dated 16th September, 2014. This court on 10th September 2014 gave some conservatory orders in form of a stay.
It is alleged that the same orders are not being adhered to and the Police are reluctant to oversee their observance and enforcement.
Section 24 of the National Police Service Act enjoins the police to inter alia maintain law and order and it is my view that that includes ensuring that the Rule of Law, which is one of the values and principles under Article 10 of the Constitution is maintained. The Rule of Law, in my view, entails obedience to lawful Court orders.
Accordingly, it is my view that even in the absence of an express order enjoining the police to ensure court orders are adhered to the police are under a statutory and constitutional obligation to do so.
Whereas it is not the duty of police officers to execute orders issued in purely civil suits, orders issued in Judicial Review Applications such as this one which, are Public Law remedies can be superintended by the police.
Accordingly, I grant prayer 2 of the Motion dated 16th September 2014 and direct the OCS Kamkunji Police Station to oversee the strict observance and enforcement of the orders given herein on the 10th September 2014.
Dated at Nairobi this 17th September 2014
G V ODUNGA
JUDGE
Delivered in the presence of:
Mr. Harrison Kinyanjui for the Applicant
Cc Patricia.