[2009] KEHC 985 (KLR)
The court found that the Town Clerk, City Council of Nairobi, has a clear statutory obligation under section 263A(a) of the Local Government Act to satisfy court decrees or decisions from the funds of the Local Authority. The respondent did not oppose the application and even indicated an intention to settle, but...
Source-derived case information.
- Citation
- [2009] KEHC 985 (KLR)
- Parties
- Applicant: Republic; Respondent: Town Clerk, City Council of Nairobi; Applicant: David Njogu t/a D. Njogu & Company Advocates
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Miscellaneous Application 520 of 2008
- Procedural Posture
- Judicial Review Application / Ruling
- Outcome
- application allowed
- Legal Topics
- Judicial Review, Mandamus Orders, Local Authorities Liability, Enforcement of Court Decrees
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Town Clerk, City Council of Nairobi
Respondent
David Njogu t/a D. Njogu & Company Advocates
Applicant
Procedural Posture
Judicial Review Application / Ruling
Legal Issues
- 1 Whether the Town Clerk, City Council of Nairobi, is under a statutory duty to satisfy court decrees or decisions from the funds of the Local Authority.
- 2 Whether the applicant is entitled to orders of mandamus compelling payment by the respondent.
- 3 Whether the absence of opposition or objection from the respondent justifies granting the orders sought.
Ratio Decidendi
The court found that the Town Clerk, City Council of Nairobi, has a clear statutory obligation under section 263A(a) of the Local Government Act to satisfy court decrees or decisions from the funds of the Local Authority. The respondent did not oppose the application and even indicated an intention to settle, but failed to do so. In the absence of any objection and given the statutory mandate, the court granted all the mandamus orders sought by the applicant, compelling the respondent to pay the decreed amounts and awarding costs to the applicant.
Court Disposition
application allowed
Orders
- All mandamus orders sought by the applicant are granted.
- The respondent shall pay the applicant's costs of the proceedings.
Full Case Text
Judgment text and source record
21 paragraphs
IN THE MATTER OF AN APPLICATION FOR JUDICIAL REVIEW
AND
IN THE MATTER OF SECTION 263A (a) OF THE LOCAL GOVERNMENT ACT, CHAPTER 265 OF THE LAWS
AND
IN THE MATTER OF
REPUBLIC ………………………………………..……….… APPLICANT
V E R S U S
THE TOWN CLERK, CITY COUNCIL OF NAIROBI………….. RESPONDENT
EX-PARTE- DAVID NJOGU T/A D. NJOGU & COMPANY ADVOCATES
R U L I N G
This is a Notice of Motion dated 8th October, 2008 filed by M/S D. Njogu & Company advocates, who is the ex parte applicant. The application was filed under section 8 and 9 of the Law Reform Act (Chapter 26 of the Laws of Kenya), section 263(A) (a) of the Local Government Act (Chapter 265 of the Laws of Kenya),and Order LIII Rule 3 of the Civil Procedure Rules. There are 9 mandamus orders sought, relating to decisions made for payment in civil cases.
The respondent, the Town Clerk, City Council of Nairobi was served but did not file any response to the application. In fact, on 19th June, 2009, Mr. Abwao who appeared for the respondent stated that the respondent was making arrangements to settle the amounts within one month. Though this matter was adjourned to 17th July, 2009, no payment was made.
In my view, I cannot refuse to grant the orders sought. First of all, there is no objection or opposition filed to the application. Secondly, the counsel for the respondent has even come to court and stated that settlement of the amounts was being considered.
Under section 263A (a) of the Local Government Act (Cap. 265) the Town Clerk has a statutory responsibility to satisfy court decrees or decisions from the funds of the Local Authority. I will therefore allow the application and grant the orders sought.
Consequently, I order as follows-
1. I grant all the mandamus orders sought herein.
2. The respondent will pay the applicant’s costs of the proceedings.
It is so ordered.
Dated and delivered at Nairobi this 28th day of October, 2009.
GEORGE DULU
JUDGE.