[2014] KEHC 7810 (KLR)
The court found that the applicant had demonstrated the existence of a valid judgment and a certificate of order against the government for the decretal sum. The respondents, being public authorities, have a statutory duty under Section 21(3) of the Government Proceedings Act to satisfy the judgment debt. The...
Source-derived case information.
- Citation
- [2014] KEHC 7810 (KLR)
- Parties
- Applicant: Republic; Respondent: Permanent Secretary Ministry of Transport; Respondent: Permanent Secretary Office of the President; Applicant: Kavata Mwanzi
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Judicial Review 68 of 2013
- Procedural Posture
- Judicial Review Application / Judgment
- Outcome
- application allowed
- Legal Topics
- Mandamus Orders, Government Liability, 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
Permanent Secretary Office of the President
Respondent
Kavata Mwanzi
Applicant
Procedural Posture
Judicial Review Application / Judgment
Legal Issues
- 1 Whether an order of mandamus should issue to compel the respondents to pay the decretal sum awarded to the applicant.
- 2 Whether the respondents have a statutory duty to pay the decretal amount under Section 21(3) of the Government Proceedings Act.
Ratio Decidendi
The court found that the applicant had demonstrated the existence of a valid judgment and a certificate of order against the government for the decretal sum. The respondents, being public authorities, have a statutory duty under Section 21(3) of the Government Proceedings Act to satisfy the judgment debt. The respondents failed to comply with this duty despite demand. The absence of any response or opposition from the respondents further supported the applicant's case. Consequently, the court held that the requirements for the grant of an order of mandamus had been met and issued the order as prayed, compelling the respondents to pay the decretal sum and awarding costs to the applicant.
Court Disposition
application allowed
Orders
- An order of mandamus is issued compelling the respondents to pay the applicant the sum of Kshs. 3,218,731.90 together with interest until payment in full.
- The applicant is awarded the costs of the application.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
JUDICIAL REVIEW DIVISION
JR CASE NO 68 OF 2013
REPUBLIC........................................................................................................APPLICANT
VERSUS
PERMANENT SECRETARY MINISTRY OF TRANSPORT ............ 1ST RESPONDENT
PERMANENT SECRETARY OFFICE OF THE PRESIDENT ...........2ND RESPONDENT
EX-PARTE
KAVATA MWANZI
JUDGEMENT
Through the notice of motion dated 21st March, 2013 Kavata Mwanzi (the ex-parte applicant) prays for an order of mandamus to compel the Permanent Secretary of the Ministry of Transport (the 1st respondent) and the Permanent Secretary of the Office of the President (the 2nd respondent) to pay her the sum of Kshs.3,218,713. 90 together with interest thereon until payment in full.
The applicant’s case is that she successfully sued the Attorney General in Nairobi High Court Civil Suit No. 531 of 2003 as a result of unlawful detention of her motor vehicle registration number KAQ 126F. On 14th December, 2011 a certificate of order against the government for Kshs.3,218,731. 90 was issued in that case.
The applicant avers that despite demand the respondents have refused to pay the decretal amount. The respondents did not reply to the application.
An order of mandamus is issued to a public authority to perform its statutory duty where it has failed to do so after being asked to comply by an applicant. The applicant before this Court has demonstrated that the respondents have a statutory duty to pay the decretal amount of Kshs. 3,218,731. 90-see Section 21(3) of the Government Proceedings Act (Cap. 40). She has also demonstrated that demands have been made and the respondents have failed to comply. The application therefore succeeds and an order of mandamus shall issue as prayed. The applicant will also have the costs of the application.
Dated, signed and delivered at Nairobi this 30th day of April, 2014
W. KORIR,
JUDGE OF THE HIGH COURT