Municipal Council of Mombasa v Managing Director Kenya Railways Corporation [2007] KEHC 3591 (KLR)

Facts

The Municipal Council of Mombasa sued the Kenya Railways Corporation for arrears of contributions in lieu of rates due to the applicant in respect of various properties owned by the Respondent. The Respondent paid a sum of Kshs.1,000,000/- and the total amount now unpaid is Kshs.31,379,147/50. The applicant applied for an order of mandamus to compel the Respondent to settle the decretal sum.

Issues

1. Whether the Respondent has the duty to cause the debt to be settled pursuant to Section 88(a) of Cap.397 Laws of Kenya.
2. Whether the motion is well-founded and should be allowed with costs to the applicant.

Reasoning

The court finds that the Respondent has the duty to cause the debt to be settled pursuant to Section 88(a) of Cap.397 Laws of Kenya. The court of Appeal in the case of Kenya National Examination Council vs Geoffrey G. Njoroge and 9 others stated that an order of mandamus will compel the performance of a public duty imposed on a person or body of persons by a statute.

Outcome

The motion is allowed with costs to the applicant.

Authorities cited