Captain J. N. Wafubwa v General Julius Karangi & 2 others [2014] KEHC 7346 (KLR)

Facts

The applicant, Captain J. N. Wafubwa, sought re-assessment of his terminal benefits and compensation after the Court of Appeal set aside the initial assessment. He also petitioned the Prime Minister for intervention due to the Respondents' refusal to re-assess his benefits.

Issues

1. Whether there is a legal duty imposed upon the Respondents to re-assess the applicant's compensation and terminal benefits.
2. Whether there is a further duty imposed upon the Respondents to do so in consultation with the applicant to avoid unacceptable final figures.

Reasoning

The court applied the principles of judicial review and mandamus, stating that the duty arises from the Court of Appeal's decision and that mandamus can be issued where there is a specific legal right and no specific legal remedy for enforcing it.

Outcome

The court denied the application, stating that the applicant has not cleared his former unit and service in the Kenya Defence Forces, and thus cannot be heard to allege any default on the part of the Government and the Respondents.

Authorities cited