[2012] KEHC 2693 (KLR)
The court found that the application for mandamus was unopposed and that the applicant had satisfied the legal requirements for the grant of an order of mandamus. There being no opposition from the respondent, and the application being properly grounded in law, the court allowed the application and granted the...
Source-derived case information.
- Citation
- [2012] KEHC 2693 (KLR)
- Parties
- Applicant: Republic; Respondent: Permanent Secretary, Office of the President (in charge of Internal Security and Provincial Administration); Applicant: Joseph Kavindu Mutemi
- Court
- High Court
- Court Station
- High Court at Machakos
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Application 161 of 2010
- Procedural Posture
- Miscellaneous Application / Ruling on Unopposed Notice of Motion for Mandamus
- Outcome
- application allowed; order of mandamus granted as prayed
- Judges
- GMA Dulu
- Legal Topics
- Judicial Review, Mandamus, Enforcement of Judgments
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Permanent Secretary, Office of the President (in charge of Internal Security and Provincial Administration)
Respondent
Joseph Kavindu Mutemi
Applicant
Procedural Posture
Miscellaneous Application / Ruling on Unopposed Notice of Motion for Mandamus
Legal Issues
- 1 Whether an order of mandamus should issue to compel the Permanent Secretary to settle the decretal amount.
- 2 Whether the application is unopposed and should be granted as prayed.
Ratio Decidendi
The court found that the application for mandamus was unopposed and that the applicant had satisfied the legal requirements for the grant of an order of mandamus. There being no opposition from the respondent, and the application being properly grounded in law, the court allowed the application and granted the prayers sought, compelling the Permanent Secretary to settle the decretal amount.
Court Disposition
application allowed; order of mandamus granted as prayed
Orders
- Order of mandamus issued to compel the Permanent Secretary, Office of the President (in charge of Internal Security and Provincial Administration) to settle the decretal amount.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT
AT MACHAKOS
Miscellaneous Application 161 of 2010
REPUBLIC.................................................................................................................................................................APPLICANT
VERSUS
1. PERMANENT SECRETARY, OFFICE OF THE PRESIDENT (IN CHARGE OF INTERNAL SECURITY AND
PROVINCIAL ADMINISTRATION........................................................................................................................RESPONDENT
EX-PARTE: JOSEPH KAVINDU MUTEMI
R U L I N G
This is an application by way of Notice of Motion dated 12th August 2010 filed by the ex-parte applicant Joseph Kavindu Mutemi. It was filed under Order 53 Rule 1, 3 and 4 of the Civil Procedure Rules, as well as Section 8 and 9 of the Law Reform Act. It is an application for mandamus to compel the Permanent Secretary for Internal Security to settle the decretal amount.
The application is not opposed. On the hearing date, the Attorney-General did not appear.
Since the application is not opposed, I allow the application and grant the two prayers sought.
Dated and delivered at Machakos this 3rdday ofJuly 2012.
George Dulu
Judge
In presence of:-
Court clerk – Nyalo
N/A for parties