[2014] KEHC 8436 (KLR)
The court found that the ex-parte applicant had obtained a judgment against the City Council of Nairobi, and despite demands, the respondents failed to satisfy the decretal amount. The respondents, being public officials, have a statutory duty to comply with court judgments. The applicant met all the conditions for...
Source-derived case information.
- Citation
- [2014] KEHC 8436 (KLR)
- Parties
- Applicant: Republic; Respondent: Town Clerk, City Council of Nairobi; Respondent: Treasurer, City Council of Nairobi; Respondent: City Council of Nairobi; Applicant: Mary Kirigo Wachira
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Judicial Review 24 of 2012
- Procedural Posture
- Judicial Review Application / Judgment
- Outcome
- Order of mandamus granted as prayed. Respondents to pay costs.
- Legal Topics
- Mandamus, Enforcement of Judgments, Public Body Liability
- 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
Treasurer, City Council of Nairobi
Respondent
City Council of Nairobi
Respondent
Mary Kirigo Wachira
Applicant
Procedural Posture
Judicial Review Application / Judgment
Legal Issues
- 1 Whether the respondents have a statutory duty to satisfy the judgment debt owed to the ex-parte applicant.
- 2 Whether the conditions for the grant of an order of mandamus have been met.
Ratio Decidendi
The court found that the ex-parte applicant had obtained a judgment against the City Council of Nairobi, and despite demands, the respondents failed to satisfy the decretal amount. The respondents, being public officials, have a statutory duty to comply with court judgments. The applicant met all the conditions for the grant of an order of mandamus, as there was a clear legal right and a corresponding duty on the part of the respondents. The absence of opposition further supported the grant of the order. Consequently, the court issued an order of mandamus compelling the respondents to pay the decretal sum and awarded costs to the applicant.
Court Disposition
Order of mandamus granted as prayed. Respondents to pay costs.
Orders
- An order of mandamus is issued compelling the respondents to pay the decretal amount to the ex-parte applicant.
- The respondents are to pay the costs of these proceedings.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
JUDICIAL REVIEW DIVISION
JR CASE NO. 24 OF 2012
REPUBLIC....................................................................APPLICANT
VERSUS
TOWN CLERK, CITY COUNCIL OF NAIROBI.......1ST RESPONDENT
TEASURER, CITY COUNCIL OF NAIROBI...........2ND RESPONDENT
CITY COUNCIL OF NAIROBI..............................3RD RESPONDENT
EX-PARTE
MARY KIRIGO WACHIRA
JUDGEMENT
The ex-parte Applicant, Mary Kirigo Wachira was involved in a road traffic accident involving motor vehicle registration number KAB 115Q belonging to the 3rd Respondent, the City Council of Nairobi. The ex-parte Applicant sued the 3rd Respondent and the driver of the motor vehicle for compensation for the injuries sustained in Nairobi CMCC No. 2429 of 2007. Judgement was entered in favour of the ex-parte Applicant. Demands for payment made upon the 1st Respondent (the Town Clerk) and the 2nd Respondent (the Treasurer) have not yielded any fruits.
The ex-parte Applicant through the further amended notice of motion dated 17th October, 2012 therefore prays for an order of mandamus to compel the respondents to pay the decreed amount.
The application is not opposed.
An order of mandamus is issued by the High Courtto a public body or government official ordering the fulfilment of statutory duties. The ex-parte Applicant has demonstrated that judgement was entered against the 3rd Respondent but the 1st and 2nd respondents have refused to pay the decretal amount. Demand has been made without success.
The respondents have a statutory duty to obey a court judgment. The ex-parte Applicant has met the conditions for the grant of an order of mandamus. An order of mandamus will therefore issue as prayed. The respondents are condemned to meet the costs of these proceedings.
Dated, signed and delivered at Nairobi this 30th day of October, 2014
W. KORIR,
JUDGE OF THE HIGH COURT