Republic v Principal Secretary Ministry of Interior & Co-ordination of National Government & another Ex-Parte Mohamed Abdi [2014] KEHC 6247 (KLR)
- Court
- High Court of Kenya
- Case number
- 6247
- Citation
- [2014] KEHC 6247 (KLR)
- Decided
- 20 March 2014
The ex-parte Applicant was awarded an order of Mandamus to pay in full the decretal sum in Isiolo PMCC No. 23 of 2011, together with costs and interests accrued.
Facts
The ex-parte Applicant was awarded Kshs 600,000 in general damages and Kshs 100,000 in special damages in a previous criminal case against two Police Constables and the Attorney General for unlawful arrest, illegal confinement, and malicious prosecution. The judgment was confirmed and a Certificate of satisfaction of orders against the government was issued.
Issues
- Whether the application is fatally defective, misconceived, incompetent, and an abuse of court process.
- Whether the application seeks to enforce private rights.
- Whether the application seeks to execute against a government officer contrary to the express provisions of Section 21(4) of the Government Proceedings Act.
- Whether judicial review orders are discretionary in nature and not guaranteed.
Reasoning
The court found that the ex-parte Applicant was awarded damages for illegal acts and has a public duty to settle the decree which is an order of the court. The court also found that the Respondents have not raised any ground why they should not settle the decree.
Outcome
Judgment for the ex-parte Applicant with an order of Mandamus and costs.
Orders
- An order of Mandamus directed to the Principal Secretary, Ministry of Interior and Coordination of National Government to pay in full the decretal sum in Isiolo PMCC No. 23 of 2011, together with costs and interests accrued.
- The ex-parte Applicant will also get the costs of this case.
Remedies
- Payment of the decretal sum in Isiolo PMCC No. 23 of 2011.
- Payment of costs and interests accrued.
- Payment of the ex-parte Applicant's costs.
Authorities cited
Legislation (3)
- Civil Procedure Rules 2010
- Law Reform Act, CAP 26 of the Laws of Kenya
- Government Proceedings Act, CAP 40
Cases cited (4)
- Sanghani Investment Ltd Vs Officer in charge Nairobi Remand and Allocation Prison (2007) eKLR
- COUNCIL OF CIVIL SERVICE UNIONS VS MINISTER FOR THE CIVIL SERVICE (1985)AC 374
- REPUBLIC Vs PERMANENT SECRETARY MINISTRY OF WATER RESOURCES MANAGAMENT & DEVELOPMENT EX-PARTE AKAMBA TIMBER & HARDWARE LTD (2006) eKLR
- REPUBLIC V PS INTERNAL SECURITY & 2 OTHERS ELDORET MISC CIVIL APPL NO.278 OF 2003
Loading judgment…