[2018] KEELRC 1726 (KLR)
The court found that the applicant had obtained a valid decree and certificate of order against the government, which had been duly served on the respondents. The respondents did not challenge, impugn, or stay the decree, nor did they oppose the application for mandamus. The court held that compliance with court...
Source-derived case information.
- Citation
- [2018] KEELRC 1726 (KLR)
- Parties
- Applicant: Dr. Samuel Kaberere Njenga; Respondent: The Attorney General; Respondent: The Principal Secretary, Ministry of Health
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 15 of 2017
- Procedural Posture
- Judicial Review Application / Ruling on Main Motion for Order of Mandamus
- Outcome
- Order of mandamus granted as prayed.
- Judges
- AN Makau
- Legal Topics
- Mandamus Against Government, Enforcement of Judgments, Public Officer Liability
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Dr. Samuel Kaberere Njenga
Applicant
The Attorney General
Respondent
The Principal Secretary, Ministry of Health
Respondent
Procedural Posture
Judicial Review Application / Ruling on Main Motion for Order of Mandamus
Legal Issues
- 1 Whether the applicant is entitled to an order of mandamus to compel payment of a decreed sum by the government.
- 2 Whether the respondents have failed to comply with a court order and certificate of order against the government.
Ratio Decidendi
The court found that the applicant had obtained a valid decree and certificate of order against the government, which had been duly served on the respondents. The respondents did not challenge, impugn, or stay the decree, nor did they oppose the application for mandamus. The court held that compliance with court orders is mandatory and that the applicant was entitled to an order of mandamus to compel the government to pay the decreed sum. The absence of opposition and the continued non-payment justified the grant of the order as prayed.
Court Disposition
Order of mandamus granted as prayed.
Orders
- An order of mandamus is issued compelling the second respondent to pay the decreed sum of Kshs.1,427,537.54 plus interest at 12% per annum from 7.2.2013 until payment in full to Gitau J. H. Mwara Company Advocates within 30 days.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT
AT NAIROBI
JR. NO. 15 OF 2017
DR. SAMUEL KABERERE NJENGA.....APPLICANT
VERSUS
THE ATTORNEY GENERAL........1STRESPONDENT
THE PRINCIPAL SECRETARY
MINISTRYOF HEALTH...............2NDRESPONDENT
RULING
Introduction
1. The Applicant sued the Respondents in ELRCC No. 450 of 2011 and obtained a Decree and Certificate of Costs totalling to Kshs.1,427,537. 54 on 7. 2.2013. Thereafter he was issued with the Certificate of Order against the Government dated 16. 6.2016 which he served on the respondents on 22nd and 23rd June 2016 respectively. The said judgment debt was never impugned or stayed and on 13. 3.2017 the applicant sought and obtained leave to apply for an order of Mandamus to compel the second respondent to pay the said Decreed sum of Kshs.1,427,537. 54 plus interest as 12% since 7. 2.2013 until payment in full to Gitau J. H. Mwara Company Advocates, within 30 days, of the Judgment herein.
2. The main motion was filed on 30. 3.2017 and it is premised on the grounds set out on its body and the statement filed together with the application for leave. The main ground is that the decreed sum is still owing and it continues to accrue interest.
3. The application is not opposed by the respondents despite service having been effected. The application was disposed of by written submission which were highlighted on 9. 4.2018.
Analysis and Determination
4. The issue for determination is whether the order sought should issue. There is no dispute that this Court entered judgment in favour of the applicant in ELRCC 450 of 2013, Dr. Samuel Kaberere Njenga Vs Attorney Generalwhere a total sum of Kshs.1,427,537. 54 inclusive of costs was awarded. There is also no dispute that a certificate of order against the Government was issued on 16. 6.2016 and served on the respondents on 22nd and 23rd June 2016. There is further no dispute that the said decreed sum has not been served despite the decree having not been impugned or stayed.
5. After considering the facts of this case, the decree, the certificate of order against the Government and the demand letter from the applicant’s counsel annexed to the verifying affidavit, I find that the order of mandamus sought is merited. It is trite law that Court orders and decrees must be complied with since they are not were suggestions or recommendations. Defying them is not only against public interest but it is unconstitutional to say the list.
Disposition
6. For the reasons stated herein above, I grant the order of mandamus as prayed in the Notice of Motion dated 21. 3.2017.
Dated, Signed and Delivered in Open Court at Nairobi this 19thday of June, 2018
ONESMUS N. MAKAU
JUDGE