Republic v National Social Security Fund Board Of Trustees; Kamau (Exparte Applicant) (Miscellaneous Civil Application E017 of 2022) [2023] KEELC 17891 (KLR) (8 June 2023) (Judgment)

Summary at a glance

Facts

The applicant, Mike Maina Kamau, sought a judicial review order of mandamus to compel the National Social Security Fund to pay Ksh 5,303,372 plus interest from 8th August 2020, following a judgment in a previous civil suit dismissing the case with costs.

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 applied the principles of mandamus and found that the applicant had a specific legal right and statutory obligation to be fulfilled by the respondent. The respondent's failure to pay the amount after the issuance of a certificate of taxation was a breach of duty.

Outcome

The application is allowed, and the respondent is ordered to pay the applicant Ksh 5,303,372 plus interest from 19th January 2022, and each party bears its own costs.

Orders

• An order of mandamus compelling the National Social Security Fund to pay the applicant Ksh 5,303,372 plus interest from 19th January 2022 till payment in full.
• Each party to bear its own costs of the application.

Remedies

• Payment of Ksh 5,303,372 plus interest from 19th January 2022.
• Costs of the application to be borne by each party.

Authorities cited