Republic v Principal Secretary Ministry of Planning & National Development & 2 others ex-parte Emmaculate Nduku Musyula [2015] KEHC 7846 (KLR)

Facts

The ex parte Applicant, Emmaculate Nduku Musyula, sought payment of Kshs.975,307/= from the respondents, the Principal Secretary in the Ministry of Planning and National Development, the National Constituencies Development Fund Management Committee, and the Kitui South Constituency Development Fund Committee. The ex parte Applicant alleged that the respondents failed to comply with an earlier order of mandamus.

Issues

1. Whether the ex parte Applicant's application for contempt of court is premature due to the lack of a certificate of order against the government
2. Whether the respondents are protected by Section 23 of the Government Proceedings Act, Cap 40 from paying the decretal amount until they receive the certificate of order against the government

Reasoning

The ex parte Applicant's application is premature because she has not served the certificate of order against the government on the respondents. The respondents are protected by Section 23 of the Government Proceedings Act, Cap 40 from paying the decretal amount until they receive the certificate of order against the government.

Outcome

The ex parte Applicant's application is dismissed.

Authorities cited