[2014] KEHC 6406 (KLR)
The court found that the applicant was entitled to an order of mandamus to compel the respondent, a public officer, to pay the decretal sum arising from a judgment and decree in Milimani CMCC No. 4345 of 1996. However, due to the applicant's delay in prosecuting the application, the court exercised its discretion to...
Source-derived case information.
- Citation
- [2014] KEHC 6406 (KLR)
- Parties
- Applicant: Republic; Respondent: The Permanent Secretary Ministry of Defence; Applicant: Daniel Kungu Kimani
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Civil Application 118 of 2007
- Procedural Posture
- Miscellaneous Application / Judgment
- Outcome
- Order of mandamus granted with limited interest and costs assessed.
- Judges
- DAS Majanja
- Legal Topics
- Judicial Review, Mandamus, Enforcement of Judgment, 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 Ministry of Defence
Respondent
Daniel Kungu Kimani
Applicant
Procedural Posture
Miscellaneous Application / Judgment
Legal Issues
- 1 Whether an order of mandamus should issue to compel the respondent to pay the decretal sum arising from a judgment and decree in Milimani CMCC No. 4345 of 1996.
- 2 Whether the applicant is entitled to interest on the decretal sum and for what period.
- 3 Whether credit should be given for sums already paid by the respondent.
Ratio Decidendi
The court found that the applicant was entitled to an order of mandamus to compel the respondent, a public officer, to pay the decretal sum arising from a judgment and decree in Milimani CMCC No. 4345 of 1996. However, due to the applicant's delay in prosecuting the application, the court exercised its discretion to limit the period for which interest would accrue to two years from the date of the decree. The court further ordered that credit be given for the sum already paid by the respondent. The court assessed costs at Kshs. 35,000 to avoid further delay. The essential legal principle is that mandamus lies to enforce payment of a judgment debt by a public officer, but the court retains...
Court Disposition
Order of mandamus granted with limited interest and costs assessed.
Orders
- An order of mandamus is issued directing the respondent to pay Kshs. 308,281 together with interest at 12% per annum accruing from 31st March 2000 for a period of two years only.
- The respondent shall be given credit of Kshs. 317,544.10 paid on 22nd April 2002.
Full Case Text
Judgment text and source record
21 paragraphs
IN THE HIGH COURT AT NAIROBI
MILIMANI LAW COURTS
JUDICIAL REVIEW DIVISION
MISC. CIVIL APPL. NO. 118 OF 2007
BETWEEN
REPUBLIC …………………………………..……..........................…APPLICANT
AND
THE PERMANENT SECRETARY MINISTRY OF DEFENCE…….RESPONDENT
EXPARTE
DANIEL KUNGU KIMANI
JUDGMENT
The matter before the court is a Notice of Motion dated 9th May 2007 in which the ex-parte applicant seeks an order of mandamus directing the respondent, the Principal Secretary in the Ministry of Defence to pay and settle the decretal sum arising from a judgment and decree of the Milimani Chief Magistrate’s CourtinCMCC No. 4345 of 1996 (Daniel Kimani v Attorney General) where the applicant was awarded the sum of Kshs.308,281/= being damages and costs by a judgment and decree delivered on 31st March 2000. The amount accrues interest at 12% per annum from 31st March 2000.
This matter has been dismissed twice and reinstated and I believe that the applicant has been rather tardy in prosecuting the application. In the circumstances, I shall grant the State a rebate on interest and the interest thereon from the decree shall accrue from 31st March 2000 for a period of two years only. Credit shall be given for the sum of Kshs.317,544. 10 already paid on 22nd April 2002.
In the meantime I assess costs of this application at Kshs. 35,000/= only to obviate further delay in resolution of the matter.
In the circumstances, I make the following order;
An order of mandamus be and is hereby issued directing the applicant to pay the sum of Kshs. 308,281/= together with interest thereon at 12% per annum accruing from 31st March 2000 for a period of 2 years only arising from the judgment and decree in Milimani CMCC No. 4345 of 1996.
The respondent shall be given credit of Kshs. 317,544. 10 paid on 22nd April 2002.
The costs of the application are assessed at Kshs. 35,000/= only.
DATED and DELIVERED at NAIROBI this 20th day of March 2014.
D.S. MAJANJA
JUDGE