Republic v National Land Commission Ex Parte Sceneries Limited [2022] KEELC 928 (KLR)
- Court
- Environment & Land Court
- Case number
- 928
- Citation
- [2022] KEELC 928 (KLR)
- Decided
- 15 March 2022
The Court finds the Applicant's Notice of Motion merited and allows it, issuing a writ of Mandamus compelling the Secretary, National Land Commission, to pay the Applicant an amount of Ksh 7,240,682/- plus interest at 14% per annum from 27th January 2020 till payment in full.
Facts
The Applicant, Sceneries Limited, sought a judicial review order of mandamus against the National Land Commission to compel payment of Ksh 7,240,682 plus interest from 4th December 2017, following a decree and certificate of order issued by the Nairobi High Court.
Issues
- Whether the Applicant has made out a case for the grant of the judicial review order sought?
- Who shall bear the costs of the application?
Reasoning
The Court held that the ex parte applicant has a specific legal right and statutory obligation to be paid, and the Respondent has a public duty to fulfill the decree. The mere lack of budgetary approval is not a valid defense.
Outcome
The Court finds the Notice of Motion merited and allows it.
Orders
- A writ of Mandamus compelling the Secretary, National Land Commission, to pay the Applicant an amount of Ksh 7,240,682/- plus interest at 14% per annum from 27th January 2020 till payment in full is hereby issued.
- Each party to bear its own costs of the application.
Remedies
- Payment of Ksh 7,240,682/- plus interest at 14% per annum from 27th January 2020 till payment in full.
- Costs to be borne by the parties.
Authorities cited
Legislation (6)
- Article 67 of the Constitution
- Article 248 of the Constitution
- Article 249(3) of the Constitution
- Article 10 of the Constitution
- Article 159(2)(a) and (b) of the Constitution
- Article 48 of the Constitution
Cases cited (9)
- Commission on Administrative Justice vs Kenya Vision 2030 Delivery Board & 2 others [2019] eKLR
- Kenya National Examination Council v Republic Ex Parte Geoffrey Gathenji Njoroge & 9 others [1997] eKLR
- R vs Dudsheath, ex parte, Meredith [1950] 2 ALL E.R. 741
- Republic v Permanent Secretary, Ministry of State for Provincial Administration and Internal Security ex parte Fedrick Manoah Egunza [2012] eKLR
- Republic v Attorney General and Another ex parte James Alfred Koroso [2013] eKLR
- Republic v Kenya Broadcasting Corporation ex parte Dorcas Florence Kombo [2018] eKLR
- Republic v County Government of Nairobi & 2 Others ex parte Kingpost Limited [2021] eKLR
- Jaribu Credit Traders Limited v Nairobi County Government [2018] eKLR
- Republic v Principal Secretary, Ministry of
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