[2004] KEHC 186 (KLR)
The court found that the respondent, having been served and failing to oppose the application or satisfy the decree issued in Kisii CMCC No. 300 of 2000, left the applicant with no alternative but to seek judicial intervention. The court held that the requirements for the grant of an order of mandamus were met, as...
Source-derived case information.
- Citation
- [2004] KEHC 186 (KLR)
- Parties
- Applicant: Jackson Ondiek; Respondent: Permanent Secretary, Ministry of Internal Security
- Court
- High Court
- Court Station
- High Court at Kisii
- Jurisdiction
- Kenya
- Case Number
- ? 167 of 2003
- Procedural Posture
- Miscellaneous Application / Ruling
- Outcome
- application allowed
- Judges
- K Bauni
- Legal Topics
- Judicial Review, Mandamus Orders, Enforcement of Judgments
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jackson Ondiek
Applicant
Permanent Secretary, Ministry of Internal Security
Respondent
Procedural Posture
Miscellaneous Application / Ruling
Legal Issues
- 1 Whether an order of mandamus should issue to compel the respondent to pay the decretal sum awarded in Kisii CMCC No. 300 of 2000.
- 2 Whether the respondent's failure to oppose the application justifies granting the orders sought.
Ratio Decidendi
The court found that the respondent, having been served and failing to oppose the application or satisfy the decree issued in Kisii CMCC No. 300 of 2000, left the applicant with no alternative but to seek judicial intervention. The court held that the requirements for the grant of an order of mandamus were met, as the applicant had a valid judgment and decree, and the respondent had failed to perform the statutory duty of payment. The absence of opposition further justified granting the relief sought. Accordingly, the application for mandamus was allowed as prayed, with costs to the applicant.
Court Disposition
application allowed
Orders
- Order of mandamus issued compelling the Permanent Secretary, Ministry of Internal Security, to pay KES 149,969 to the applicant as awarded in Kisii CMCC No. 300 of 2000.
- Costs of the application awarded to the applicant.
Full Case Text
Judgment text and source record
13 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA OF KISII
Misc Appli 167 of 2003
REPUBLIC …………………………………………........……………….. APPLICANT
VERSUS
PERMANENT SEC. MINISTRY OF INTERNAL SECURITY .…. RESPONDENT
RULING
The applicant JACKSON ONDIEK prays for orders of Mandamus against the Permanent Secretary in the Ministry of Internal Security compelling him to pay shs.149,969/= amount awarded in KISII CMCC.NO.300 OF 2000. The Respondent despite being served failed to enter appearance or file any documents to oppose the application.
The applicant had sued the respondent through the Attorney General in Kisii Chief Magistrate Court. On 16th May 2003 the court awarded applicant the sum of shs.115, 000/=. Cost were later assessed at shs.30, 940/=. A decree was drawn and forwarded to respondent with a request to settle the same. However the respondent made no payment.
As I stated the application was not opposed. The respondent failed to satisfy the decree and continues to do so. I find the application therefore is merit and I allow it as prayed with costs to the applicant.
Dated 8th October 2004.
KABURU BAUNI
JUDGE
8/10/04