SheriaNet for Android — search and read Kenyan case law from your phone, offline.
Join the beta →

Republic v Permanent Secretary Ministry of Provincial Administration & Internal Security Ex-parte Lawrence Kamau P Mwangi [2014] KEHC 7367 (KLR)

[2014] KEHC 7367 (KLR) High Court of Kenya
Read PDF
Court
High Court of Kenya
Case number
7367
Citation
[2014] KEHC 7367 (KLR)
Decided
21 January 2014
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeJudicial ReviewPostureApplication for MandamusCoramG V ODUNGA
Holding

The application is allowed, and an order of mandamus is issued compelling the respondent to pay the applicant Kshs.236,378 including interest.

Facts

The applicant was acquitted in a criminal case and awarded compensation for malicious prosecution. The respondent owes the applicant Kshs.236,378 including interest.

Issues

  1. Whether the respondent should be compelled to pay the applicant the sum of Kshs.236,378 including interest.
  2. Whether an order for committal should be granted.

Reasoning

The court finds that the respondent has a statutory duty to pay the applicant the sum due, and the applicant has a sufficient legal interest to apply for mandamus.

Outcome

The application is allowed.

Orders

  • An order of mandamus is issued compelling the respondent to pay the applicant Kshs.236,378 including interest.

Remedies

  • The applicant will have the costs of the application.

Authorities cited

Legislation (2)
  • Article 48 of the Constitution
  • Article 129 of the Constitution
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
Full judgment 0.1 MB · PDF

Loading judgment…

Cite this case


        
        
      

Share this case