[2012] KEHC 2826 (KLR)
The court found that the applicant was entitled to an order of mandamus compelling the respondent to pay the decretal sum of Kshs. 532,119.60 as awarded in the subordinate court, together with interest at 12% per annum from 16th April, 2007 until payment in full. The respondent did not oppose the principal claim and...
Source-derived case information.
- Citation
- [2012] KEHC 2826 (KLR)
- Parties
- Applicant: Republic; Respondent: Permanent Secretary, Ministry of Justice, National Cohesion & Constitutional Affairs; Applicant: Gachoka Mwangi; Respondent: Permanent Secretary, Ministry of State for Provincial Administration and Internal Security
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Judicial Review 59 of 2010
- Procedural Posture
- Judicial Review / Judgment
- Outcome
- application allowed
- Legal Topics
- Judicial Review, Mandamus, Enforcement of Judgments, Public Officer Liability
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Republic
Applicant
Permanent Secretary, Ministry of Justice, National Cohesion & Constitutional Affairs
Respondent
Gachoka Mwangi
Applicant
Permanent Secretary, Ministry of State for Provincial Administration and Internal Security
Respondent
Procedural Posture
Judicial Review / Judgment
Legal Issues
- 1 Whether an order of mandamus should issue to compel the respondent to pay the decretal sum awarded in Nairobi Chief Magistrate’s Court Civil Case No. 9796 of 2004.
- 2 Whether the applicant is entitled to interest at 12% per annum from 16th April, 2007 until payment in full.
- 3 Whether the respondent is liable for costs of the application.
Ratio Decidendi
The court found that the applicant was entitled to an order of mandamus compelling the respondent to pay the decretal sum of Kshs. 532,119.60 as awarded in the subordinate court, together with interest at 12% per annum from 16th April, 2007 until payment in full. The respondent did not oppose the principal claim and only disputed the interest calculation, which the court held could be computed afresh by the parties. The court further held that the applicant was entitled to costs of the application. The issuance of mandamus was justified as the respondent, a public officer, had failed to satisfy a lawful court decree, and the applicant had exhausted all other remedies.
Court Disposition
application allowed
Orders
- An order of mandamus is issued compelling the respondent to pay the applicant the sum of Kshs. 532,119.60 together with interest at 12% per annum from 16th April, 2007 until payment in full.
- The applicant is awarded the costs of this application.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA ATNAIROBI
JUDICIAL REVIEW 59 OF 2010
REPUBLIC ..................................................................APPLICANT
VERSUS
PERMANENT SECRETARY,MINISTRY OF JUSTICE, NATIONAL COHESION &
CONSTITUTIONAL AFFAIRS ...................................RESPONDENT
EX-PARTE
GACHOKA MWANGI
JUDGEMENT
Initially through the notice of motion dated 18th November, 2010 Gachoka Mwangi the ex-parte applicant herein had prayed for an order of mandamus directed at the Permanent Secretary, Ministry of Justice and Constitutional Affairs compelling her to pay the decretal sum in Nairobi Chief Magistrate’s Court Civil Case No. 9796 of 2004 which stood at kshs.768, 133. 40 on 17th November, 2010. In the course of the proceedings the applicant realized that the Permanent Secretary, Ministry of State for Provincial Administration and Internal Security was the correct respondent. He sought to amend the notice of motion and obtained leave from the court on 29th November, 2011 to carry out the amendment.
Now through the amended notice of motion dated 1st August, 2011, the applicant seeks an order of mandamus compelling the Permanent Secretary, Ministry of State for Provincial Administration and Internal Security to pay the said decretal sum.
It is not disputed that by a decree dated 16th April, 2007 and a certificate of costs dated 9th April, 2007 the applicant was awarded Kshs.532, 119. 60 in Nairobi Milimani Chief’s Magistrate’s Court Civil Case No. 9796 of 2004. It is also not disputed that the said amount plus interest of 12% per annum from 16th April, 2007 has not been paid to the applicant to date.
In the supplementary submissions dated 21st February, 2012 the respondent admitted that the decretal amount plus interest due was Kshs.707, 762. 30. It is therefore clear that the applicant’s claim is not opposed. The respondent only disputes the interest payable to the applicant.
The application is therefore allowed so that an order of mandamus is issued compelling the respondent to pay the applicant the sum 532,119. 60 together with interest at 12% per annum from 16th April, 2007 until payment in full. This will enable the parties to calculate interest afresh because interest is the only disputed issue. The applicant will also get the costs of this application from the respondent.
Dated and signed at Nairobi this 26th day of July , 2012
W. K. KORIR, J