[2013] KEHC 6320 (KLR)
The court found that the applicant had obtained a judgment and a Certificate of Order Against the Government for the decretal sum. Section 21(3) of the Government Proceedings Act imposes a mandatory duty on the accounting officer of the relevant government department to pay the certified amount. The respondent...
Source-derived case information.
- Citation
- [2013] KEHC 6320 (KLR)
- Parties
- Applicant: Republic; Respondent: Permanent Secretary, Ministry of Transport; Applicant: Geoffrey Njihia Wahome
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Judicial Review 41 of 2011
- Procedural Posture
- Judicial Review Application / Judgment
- Outcome
- application allowed
- Legal Topics
- Mandamus Orders, Government Liability, Certificate of Order Against Government, Enforcement of Judgments
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Permanent Secretary, Ministry of Transport
Respondent
Geoffrey Njihia Wahome
Applicant
Procedural Posture
Judicial Review Application / Judgment
Legal Issues
- 1 Whether the applicant is entitled to an order of mandamus compelling the respondent to pay the decretal sum as per the Certificate of Order Against the Government.
- 2 Whether the respondent has a statutory obligation to pay the amount certified under Section 21(3) of the Government Proceedings Act.
Ratio Decidendi
The court found that the applicant had obtained a judgment and a Certificate of Order Against the Government for the decretal sum. Section 21(3) of the Government Proceedings Act imposes a mandatory duty on the accounting officer of the relevant government department to pay the certified amount. The respondent failed to fulfill this statutory obligation and did not oppose the application. The court held that the applicant was entitled to an order of mandamus compelling the respondent to pay the certified sum. The court also found it just to award costs to the applicant due to the respondent's inaction and delay.
Court Disposition
application allowed
Orders
- An order of mandamus is issued compelling the respondent to pay the applicant Kshs. 5,893,806.10 as per the Certificate of Order Against the Government dated 14th January, 2011.
- The respondent shall pay the costs of this application to the applicant.
Full Case Text
Judgment text and source record
26 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
JUDICIAL REVIEW DIVISION
JR CASE NO. 41 OF 2011
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REPUBLIC ...................................................................................................APPLICANT
VERSUS
THE PERMANENT SECRETARYMINISTRY OF TRANSPORT......................RESPONDENT
EX-PARTE
GEOFFREY NJIHIA WAHOME
JUDGMENT
The application before this court is the notice of motion dated 25th March, 2011 in which Godfrey Njihia Wahome (the ex-parte applicant) seek orders as follows:-
1. THAT the Honourable Court be pleased to grant to the Applicant an Order of Mandamus directed at the Respondent compelling him to pay to the Applicant the sum of Kshs.5,893,806. 10 being the decretal amount in High Court Civil Case No. 87 of 2007 at Nairobi, as per the Certificate of Order Against the Government dated 14th January, 2011.
2. THAT the costs of this Application be provided for.
The respondent (the Permanent Secretary, Ministry of Transport) did not file any response despite being given over one year by this court to do so. This matter will therefore be determined using the material availed to the court by the applicant.
Briefly, the applicant was a victim of an accident which occurred on 18th November, 2003 involving motor vehicles registration numbers KAR 214A and GK X628 along Waiyaki Way in Nairobi. The applicant sustained serious injuries in the accident. He later filed a claim for compensation against the Government of Kenya after the driver of the government vehicle was convicted for dangerous driving contrary to Section 47 of the Traffic Act in City Court Traffic Case No. 19156 of 2003. Judgment was subsequently entered in his favour in Nairobi High Court Civil Case No. 87 of 2009 and he was awarded kshs. 4,199,120/=. On 14th January, 2011 the Deputy Registrar issued a Certificate of Order Against the Government for the sum of kshs.5,893,806. 10. That is what the applicant is asking this court to compel the respondent to pay.
As provided by Section 21(3) of the Government Proceedings Act, Cap 40, once a certificate is issued against the Government, the accounting officer of the Government department concerned shall pay to the person entitled or his advocate the amount in the certificate. That is the duty the respondent owes to the applicant herein. The application therefore succeeds and an order of mandamus shall issue accordingly.
It is unfortunate and unjust that the respondent had to wait to be reminded of a clear statutory obligation. This is one case where the applicant deserves costs. He is therefore awarded costs.
Dated, signed and delivered at Nairobi this 8th day of March, 2013
W.K. KORIR,
JUDGE
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