[2012] KEHC 745 (KLR)
The court found that while the Respondents had not complied with the order of mandamus, their failure did not amount to contempt of court because they provided a reasonable explanation—ongoing consultations with relevant government bodies. The court exercised its discretion to grant the Respondents an additional 60...
Source-derived case information.
- Citation
- [2012] KEHC 745 (KLR)
- Parties
- Defendant: Teachers Service Commission; Plaintiff: Simon P. Kamau & 19 Others
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Civil Case 65 of 2006
- Procedural Posture
- Civil Case / Ruling on Compliance With Order of Mandamus
- Outcome
- Further time granted for compliance with court order; matter to be mentioned for progress.
- Judges
- MJA Emukule
- Legal Topics
- Mandamus Orders, Contempt of Court, Enforcement of Judgments
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Teachers Service Commission
Defendant
Simon P. Kamau & 19 Others
Plaintiff
Procedural Posture
Civil Case / Ruling on Compliance With Order of Mandamus
Legal Issues
- 1 Whether the Respondents are in contempt of court for failing to comply with the order of mandamus.
- 2 Whether further time should be granted to the Respondents to comply with the court order.
Ratio Decidendi
The court found that while the Respondents had not complied with the order of mandamus, their failure did not amount to contempt of court because they provided a reasonable explanation—ongoing consultations with relevant government bodies. The court exercised its discretion to grant the Respondents an additional 60 days to comply, considering the protracted nature of the Applicants' claims and the potential for a positive resolution within the extended period. The court also directed that part payment should be made in consultation with the Applicants' counsel, emphasizing the need for progress towards settlement.
Court Disposition
Further time granted for compliance with court order; matter to be mentioned for progress.
Orders
- Respondents granted 60 more days to comply with the order of mandamus.
- Matter to be mentioned on 21st February 2013 for further directions.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
High Court at Nakuru
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TEACHERS SERVICE COMMISSION…………….………DEFENDANT/APPLICANT
VERSUS
SIMON P. KAMAU & 19 OTHERS……….……..…….PLAINTIFFS/RESPONDENTS
RULING
I have listened carefully to the explanations given by Mr. Situma and Kipgogey learned counsel for the Respondents, the Director of Pensions and the Secretary to the Teachers Service Commission. They explain that they have been unable to comply with the order of mandamus because they are holding consultations among themselves, and the Government generally on how best to comply with the court directive of mandamus.
I have no doubt in my mind that the Respondents may not be in contempt of court, but they have certainly failed to honour the court order. They have asked for 60 more days to complete consultations.I will give them the benefit of doubt.I ask, implore that the Applicants to be patient, they have waited for 15 years. Another 60 days wait may yield positive results towards settlement of their long drawn claims.
I direct that this matter be mentioned on 21st February 2013 with a further directive that part of moneys should be paid in consultation with the Applicant's counsel.
Dated, signed and delivered at Nakuru this 6th day of December, 2012
M.J. ANYARA EMUKULE
JUDGE