[2006] KEHC 2903 (KLR)
The court found that the applicant had established a clear legal right to the enforcement of the decree issued in Nyahururu SPMCC No. 236 of 2003, as the subject had obtained judgment for the sum of Kshs.647,028/- against the Attorney General and the Commissioner of Police, and the decree remained unsatisfied. The...
Source-derived case information.
- Citation
- [2006] KEHC 2903 (KLR)
- Parties
- Applicant: Republic; Respondent: The Permanent Secretary in charge of Internal Security and Provincial Administration; Subject: James Ndengere K. Mukumbwa
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Civil Application 490 of 2005
- Procedural Posture
- Miscellaneous Application / Ruling on Notice of Motion for Order of Mandamus
- Outcome
- application allowed
- Legal Topics
- Judicial Review, Mandamus Orders, Enforcement of Judgments, Public Officer Liability
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
The Permanent Secretary in charge of Internal Security and Provincial Administration
Respondent
James Ndengere K. Mukumbwa
Subject
Procedural Posture
Miscellaneous Application / Ruling on Notice of Motion for Order of Mandamus
Legal Issues
- 1 Whether an order of mandamus should issue to compel the respondent to settle the decree issued in Nyahururu SPMCC No. 236 of 2003.
- 2 Whether the applicant has satisfied the requirements for the grant of an order of mandamus.
Ratio Decidendi
The court found that the applicant had established a clear legal right to the enforcement of the decree issued in Nyahururu SPMCC No. 236 of 2003, as the subject had obtained judgment for the sum of Kshs.647,028/- against the Attorney General and the Commissioner of Police, and the decree remained unsatisfied. The respondent, a public officer, had a statutory duty to settle the decree, and no valid reason was advanced for the failure to do so. The Attorney General, though served, did not oppose the application. The requirements for the grant of an order of mandamus were met, and the court was satisfied that the applicant was entitled to the relief sought. Accordingly, the court granted...
Court Disposition
application allowed
Orders
- Order of mandamus granted to compel the respondent to settle the decree issued in Nyahururu SPMCC No. 236 of 2003 for Kshs.647,028/- together with costs and interest from 13th October, 2004 until payment in full.
- Applicant awarded costs of the application.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAKURU
Misc Civ Appli 490 Of 2005
REPUBLIC……………....................................…………...………………APPLICANT
VERSUS
THE PERMANENT SECRETARY INCHARGEOF INTERNAL SECURITY AND
PROVINCIAL ADMINISTRATION……….....................................…RESPONDENT
AND
JAMES NDENGERE K. MUKUMBWA…….................................…..…..SUBJECT
RULING
The applicant filed a notice of motion under order LIII rule 3 of the Civil Procedure Rulesand Sections 8and9of theLaw Reform Act Cap 26of theLaws of Kenya seeking for an order of mandamus to compel the respondent to settle the decree issued in Nyahururu SPMCC No. 236 of 2003 for payment of Kshs.647,028/- together with costs and interest thereon with effect from 13th October, 2004 until payment in full.
The grounds upon which the said application was made were that the subject motor vehicle was stolen from the applicant’s home on the night of 17th and 18th November 1999 and the theft was reported to the relevant police station and the stolen motor vehicle was recovered and kept at a police station but instead of the same being returned to its owner the same was sold by the police. Thereafter the subject filed Nyahururu SPMCC No. 236 of 2003 against the Attorney General and the Commissioner of Police and on 13th October, 2004 judgment was entered for the plaintiff therein in the sum of Kshs.647,028/-. The subject has since then made considerable effort to have a decree in the said matter settled but without any success. The applicant annexed to his affidavit in support of his application the proceedings and judgment in the said matter and all the other relevant documents including the registration book of the motor vehicle and a letter from the Commissioner of Motor Vehicles to confirm that he was the registered owner of the same. The Attorney General was served with the said application on 4th August 2005 but he did not bother to defend the same.
I am satisfied that the order of mandamus sought by the applicant is merited and I hereby grant the same together with the costs of the application.
DATED, SIGNED AND DELIVERED at Nakuru this 10th day of March, 2006.
D. MUSINGA
JUDGE