[2010] KEHC 1232 (KLR)
The court found that the applicant had a clear legal right to payment under a valid court decree, and the respondents had failed to satisfy the judgment. Since the application was unopposed and the respondents' counsel expressly confirmed non-opposition, the court was satisfied that the requirements for an order of...
Source-derived case information.
- Citation
- [2010] KEHC 1232 (KLR)
- Parties
- Applicant: Mohammud Jamaa; Respondent: The Police Commissioner; Respondent: The P.S. Ministry of Internal Security
- Court
- High Court
- Court Station
- High Court at Bungoma
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Application 130 of 2009
- Procedural Posture
- Miscellaneous Application / Judgment
- Outcome
- application granted
- Judges
- DA Onyancha
- Legal Topics
- Judicial Review, Mandamus, Enforcement of Decree
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mohammud Jamaa
Applicant
The Police Commissioner
Respondent
The P.S. Ministry of Internal Security
Respondent
Procedural Posture
Miscellaneous Application / Judgment
Legal Issues
- 1 Whether an order of mandamus should issue to compel the respondents to pay the applicant the decretal sum, interest, and costs as per the decree in Principal Magistrate’s Civil Case No.362 of 2003.
Ratio Decidendi
The court found that the applicant had a clear legal right to payment under a valid court decree, and the respondents had failed to satisfy the judgment. Since the application was unopposed and the respondents' counsel expressly confirmed non-opposition, the court was satisfied that the requirements for an order of mandamus were met. The court therefore granted the order to compel the respondents to pay the decretal sum, accrued interest, and certified costs within 60 days.
Court Disposition
application granted
Orders
- An order of mandamus shall issue compelling the Permanent Secretary, Ministry of Internal Security and the Commissioner of Police jointly and severally to pay the applicant Kshs. 1,098,413.60 together with calculated interests and certified costs within 60 days.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT BUNGOMA
Miscellaneous Application 130 of 2009
IN THE MATTER OF: ORDER 53 OF THE CIVIL PROCEDURE RULES:
THE LAW REFORM ACT CAP 26;THE CONSTITUTION OF KENYA
IN THE MATTER OF AN APPLICATION BY MOHAMMUD JAMAA FOR
JUDICIAL REVIEW ORDER OF MANDAMUS AGAINST THE ATTORNEY
GENERAL AND COMMISSIONER OF POLICE
BETWEEN
MOHAMMUD JAMAA - EX PARTE APPLICANT
VERSUS
THE POLICE COMMISSIONER - 1ST RESPONDENT
THE P.S. MINISTRY OF INTERNAL SECURITY - 2ND RESPONDENT
J U D G M E N T
The application before me is a Notice of Motion dated 13. 7.2009. It seeks a Review Order of Mandamus to compel the Commissioner of Police to pay the Ex Parte applicant, Mohammud Jamaa, a sum of Kenya Shillings 1,098,413/60 being an amount owed by the said Police Commissioner, to the applicant under a decree issued in the Principal Magistrate’s Civil Case No.362 of 2003.
The application is not opposed. No replying affidavit was filed and the Respondent’s counsel, Mr Muiruri, who sat in court during the prosecution of this application, confirmed that they did not contest the prayers in the application. The applicant’s prayer included, in addition the principal sum, accrued interests todate, plus certified costs of the suit vide the decree of court dated 20. 6.2006.
Since the application was not opposed, and indeed the Respondent’s counsel specifically affirmed that, this court will accordingly grant the prayers. An Order of Mandamus shall forthwith issue, compelling the Permanent Secretary, the Ministry of Internal Security and the Commissioner of Police jointly and severally, to pay to the applicant, a sum of Kenya Shillings One Million and Ninety-Eight Thousand, Four Hundred and Thirteen and Cents Sixty, (Kshs.1,098,413/60) together with calculated interests and certified costs, within a period of 60 days. Orders accordingly.
Dated and delivered at Bungma this 25 day of October, 2010.
D.A. ONYANCHA
JUDGE