[2012] KEHC 2634 (KLR)

[2012] KEHC 2634 (KLR)

The court found that the applicant had properly served the respondents, who failed to oppose the application for mandamus. The applicant had demonstrated that a judgment had been entered in his favour in Makueni SRMCC No. 147/2008, and that the respondents, as public officers, had a statutory duty to satisfy the...

Source-derived case information.

Citation
[2012] KEHC 2634 (KLR)
Parties
Applicant: Republic; Applicant: Michael Musembi Kiio; Respondent: The Permanent Secretary, Ministry of Roads; Respondent: The Permanent Secretary, Ministry of Public Works; Respondent: The Honourable Attorney General
Court
High Court
Court Station
High Court at Machakos
Jurisdiction
Kenya
Case Number
Miscellaneous Application 38 of 2011
Procedural Posture
Miscellaneous Application / Ruling on Notice of Motion for Mandamus Orders
Outcome
application allowed (prayer 1 granted, prayer 2 declined)
Judges
GMA Dulu
Legal Topics
Judicial Review, Mandamus, Enforcement of Judgments, Public Officer Liability
Source Language
en
Civil Procedure Administrative Law Judicial Review Mandamus Enforcement of Judgments Public Officer Liability

Source-derived case record

Summary, issues, holding and outcome

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Parties

Republic

Applicant

Michael Musembi Kiio

Applicant

The Permanent Secretary, Ministry of Roads

Respondent

The Permanent Secretary, Ministry of Public Works

Respondent

The Honourable Attorney General

Respondent

Procedural Posture

Miscellaneous Application / Ruling on Notice of Motion for Mandamus Orders

Legal Issues

  1. 1 Whether the applicant is entitled to an order of mandamus to compel payment of the decretal sum, costs, and interest in Makueni SRMCC No. 147/2008 by the respondents.
  2. 2 Whether there is any justifiable reason to deny the application for mandamus where the respondents have not opposed the application.

Ratio Decidendi

The court found that the applicant had properly served the respondents, who failed to oppose the application for mandamus. The applicant had demonstrated that a judgment had been entered in his favour in Makueni SRMCC No. 147/2008, and that the respondents, as public officers, had a statutory duty to satisfy the judgment. There being no opposition or justifiable reason to deny the application, the court granted the order of mandamus as prayed, except for prayer 2, which was declined. Costs were awarded to the applicant.

Court Disposition

application allowed (prayer 1 granted, prayer 2 declined)

Orders

  • Order of mandamus issued compelling the Permanent Secretary, Ministry of Public Works and Permanent Secretary, Ministry of Roads to pay the decretal amount, costs, and interest in Makueni SRMCC No. 147/2008.
  • Costs awarded to the ex-parte applicant from the respondents.