Republic v Attorney General Ex Parte Evelyne Khamasi Amboyi [2016] KEHC 8019 (KLR)
- Court
- High Court of Kenya
- Case number
- 8019
- Citation
- [2016] KEHC 8019 (KLR)
- Decided
- 23 September 2016
The actual sum due is Kshs 742,891/= which was due as at 22nd March, 2011 plus interest on Kshs 640,000.00 at court rate till December, 2014, plus costs of Kshs 98,311/= less Kshs 898,311.00.
Facts
The applicant sought a mandamus order compelling the accounting officer responsible for the National Police Service to pay Kshs 742,891/= as at 22nd March, 2011 and costs of Kshs 98,311/= as at the same date together with interest at court rate till payment in full. The respondent was ordered to refund Kshs 640,000.00 to the applicant with costs and interests of the suit.
Issues
- Interest on costs
- Actual sum due
Reasoning
The court held that interest can only be charged on the principle sum and costs where the court expressly states so. Since the decree was silent on interest on costs, the same cannot be imposed by implication.
Outcome
The matter was placed before the Deputy Registrar to compute the sum due, if any, in accordance with the directions hereinabove and thereafter forward the file back for further orders.
Orders
- The matter be placed before the Deputy Registrar to compute the sum due, if any, in accordance with the directions hereinabove and thereafter forward the file back for further orders.
Authorities cited
Cases cited (2)
- Mukisa Biscuit Manufacturing Co. Ltd vs. West End Distributors Ltd (No. 2) Civil Appeal No. 37 of 1969 [1970] EA 469
- Arthur Kinuthia Albert vs. Permanent Secretary, Ministry of Health [2008] eKLR
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