[2014] KEHC 8128 (KLR)
The applicant demonstrated that she obtained a certificate of order against the Government for the decretal sum awarded in a previous suit, and the respondents failed to satisfy the certificate despite being served. Section 21(3) of the Government Proceedings Act imposes a statutory duty on the respondents to pay...
Source-derived case information.
- Citation
- [2014] KEHC 8128 (KLR)
- Parties
- Applicant: Republic; Respondent: Principal Secretary Ministry of Planning & National Development; Respondent: National Constituencies Development Fund Management Committee; Respondent: Kitui South Constituency Development Fund Committee; Applicant: Emmaculate Nduku Musyula
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Judicial Review 107 of 2012
- Procedural Posture
- Judicial Review Application / Judgment
- Outcome
- Application allowed. Order of mandamus granted.
- Judges
- CC Kipkorir
- 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
Principal Secretary Ministry of Planning & National Development
Respondent
National Constituencies Development Fund Management Committee
Respondent
Kitui South Constituency Development Fund Committee
Respondent
Emmaculate Nduku Musyula
Applicant
Procedural Posture
Judicial Review Application / Judgment
Legal Issues
- 1 Whether the applicant is entitled to an order of mandamus compelling the respondents to pay the decretal sum awarded in Nairobi CMCC No. 1037 of 2010.
- 2 Whether the respondents have a statutory duty to satisfy the certificate of order against the Government.
Ratio Decidendi
The applicant demonstrated that she obtained a certificate of order against the Government for the decretal sum awarded in a previous suit, and the respondents failed to satisfy the certificate despite being served. Section 21(3) of the Government Proceedings Act imposes a statutory duty on the respondents to pay the amount specified in the certificate. The court found that the requirements for the issuance of an order of mandamus were met, as the applicant had a legal right to payment and the respondents had a corresponding statutory duty. The application was unopposed, and the court issued an order of mandamus compelling the respondents to pay the decretal sum with interest from 19th...
Court Disposition
Application allowed. Order of mandamus granted.
Orders
- Respondents to pay the applicant Kshs. 975,307 together with interest from 19th February, 2012 until payment in full.
- Applicant awarded costs against the respondents.
Full Case Text
Judgment text and source record
22 paragraphs
IN THE HIGH COURT OF KENYA AT NAIROBI
JUDICIAL REVIEW DIVISION
JR CASE NO. 107 OF 2012
REPUBLIC ...................................................................APPLICANT
VERSUS
PRINCIPAL SECRETARY MINISTRY OF
PLANNING & NATIONAL DEVELOPMENT ..........1ST RESPONDENT
NATIONAL CONSTITUENCIES DEVELOPMENT
FUND MANAGEMENT COMMITTEE ....................2ND RESPONDENT
KITUI SOUTH CONSTITUENCY
DEVELOPMENT FUND COMMITTEE ..................3RD RESPONDENT
Ex-parte
EMMACULATE NDUKU MUSYULA
JUDGEMENT
In the notice of motion dated 24th March, 2014 the ex-parte Applicant Emmaculate Nduku Musyula prays for an “order of mandamus directing the respondents to pay the applicant the decretal sum in Nairobi CMCC No. 1037 of 2010 Emmaculate Nduku Musyula v the Hon. Attorney General being Kshs. 975, 307/= and interest thereon at court rates from 19th February, 2012 until payment in full and final satisfaction of the said decree.”
The application is supported by a statutory statement and the verifying affidavit of the Applicant filed in court together with the chamber summons application for leave on 19th March, 2014. Briefly stated, the Applicant’s case is that she sued the respondents in Nairobi C.M.C.C. No. 1037 of 2010 and was awarded Kshs.975,307/= as damages and costs for injuries sustained in an accident in which she was hit by the respondents motor cycle Registration No. G. K. 952P. She later obtained among other documents, a certificate of order against the Government and served the same on the Attorney General who has failed or refused to satisfy the said certificate of order. That is why she seeks an order of mandamus to comply the respondents to pay the amount in the said certificate plus interest thereon. The respondents though duly served did not oppose the application.
An order of mandamus is issued to compel a public body to perform a statutory duty. For an order of mandamus to issue an applicant must show that he or she has a legal right to compel the respondent to do a specific act.
The Applicant has demonstrated that she has obtained a certificate of Order from the court and the amount appearing to be due to her has not been paid. The respondents have a duty to pay the amount in the certificate – see Section 21(3) of the Government proceedings Act, Cap 40. The Application is not opposed.
An order of mandamus is there issued compelling the respondents to pay the sum of Kshs.975,307/= together with interest from 19th February, 2012 until payment in full. The Applicant is also awarded costs against the respondent.
Dated, signed and delivered at Nairobi this 22nd day of July , 2014
W. K. KORIR
JUDGE OF THE HIGH COURT