Republic v The National Land Commission; M’inoti (Exparte Applicant) (Judicial Review Application E007 of 2024) [2024] KEELC 6355 (KLR) (25 September 2024) (Judgment)

Summary at a glance

Facts

The applicant, M'inoti, seeks an order of mandamus compelling the respondent, the National Land Commission, to honor a decree and certificate of order issued in Meru Chief Magistrates Court ELC No. E026 of 2022 for Kshs.356,500/= dated 6.3.2024 and April 2024, respectively.

Issues

• Whether the respondent failed to honor the decree and certificate of order issued by the Meru Chief Magistrates Court.
• Whether the applicant has a legal right to expect the respondent to pay the decretal sum and interest as per the certificate of order.

Reasoning

The respondent failed to honor the decree and certificate of order issued by the Meru Chief Magistrates Court. The applicant has a legal right to expect the respondent to pay the decretal sum and interest as per the certificate of order.

Outcome

In favor of the applicant

Orders

• An order of mandamus compelling the National Land Commission to pay the applicant an amount of Kshs.442,060/= as per the decree and Kshs.82,000/= as per the certificate of order, making a total of Kshs.524,060/= plus interest at 14% per annum from 16.3.2022 till payment.

Remedies

• Payment of Kshs.442,060/= as per the decree and Kshs.82,000/= as per the certificate of order, plus interest at 14% per annum from 16.3.2022 till payment.

Authorities cited