[2025] KEHC 7074 (KLR)

[2025] KEHC 7074 (KLR)

The court found that the applicant had complied with the statutory procedure for enforcement of a decree against the Government by obtaining and serving a certificate of order against the Government as required by Section 21 of the Government Proceedings Act. Since execution proceedings such as attachment are barred by statute, and no other remedy exists for the applicant to enforce the decree, the court held that leave should be granted to apply for an order of mandamus to compel the Chief Registrar of the Judiciary to settle the decree and certificate of order against the Government. The court was satisfied that the threshold for grant of leave had been met.

Citation
[2025] KEHC 7074 (KLR)
Parties
Applicant: Simon Wainaina; Respondent: State Law Office
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Judgment Date
22 May 2025
Case Number
Judicial Review Miscellaneous Application E130 of 2025
Procedural Posture
Judicial Review Miscellaneous Application / Ruling on Application for Leave to Apply for Judicial Review Order of Mandamus
Outcome
Leave granted to apply for judicial review order of mandamus.
Judges
RE Aburili
Legal Topics
Mandamus Against Government, Enforcement of Decrees, Government Proceedings Act, Certificate of Order Against Government
Source Language
English
Civil Procedure Administrative Law Mandamus Against Government Enforcement of Decrees Government Proceedings Act Certificate of Order Against Government

Case Brief

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Parties

Simon Wainaina

Applicant

State Law Office

Respondent

Procedural Posture

Judicial Review Miscellaneous Application / Ruling on Application for Leave to Apply for Judicial Review Order of Mandamus

Legal Issues

  1. 1 Whether the applicant is entitled to leave to apply for an order of mandamus to compel the Chief Registrar of the Judiciary to settle a decree and certificate of order against the Government.
  2. 2 Whether the applicant followed the correct statutory procedure for enforcement of a decree against the Government under the Government Proceedings Act.
  3. 3 Whether there exists any other remedy for the applicant to enforce the decree apart from judicial review.

Ratio Decidendi

The court found that the applicant had complied with the statutory procedure for enforcement of a decree against the Government by obtaining and serving a certificate of order against the Government as required by Section 21 of the Government Proceedings Act. Since execution proceedings such as attachment are barred by statute, and no other remedy exists for the applicant to enforce the decree, the court held that leave should be granted to apply for an order of mandamus to compel the Chief Registrar of the Judiciary to settle the decree and certificate of order against the Government. The court was satisfied that the threshold for grant of leave had been met.

Court Disposition

Leave granted to apply for judicial review order of mandamus.

Orders

  • Leave is granted to the applicant to file for Judicial Review orders of mandamus to compel the Chief Registrar of the Judiciary to settle the decree and certificate of order against the Government in Milimani CMCC 6009/2016.
  • The substantive Notice of Motion to be filed and served within 21 days in a separate file.