Peter Wachira Gichira & 2 others v Permanent Secretary, Ministry of Defence [2017] KEHC 2719 (KLR)
- Court
- High Court of Kenya
- Case number
- 2719
- Citation
- [2017] KEHC 2719 (KLR)
- Decided
- 12 October 2017
The application has merits and an order of mandamus is granted to compel the respondent to settle the decretal sum of Ksh.627,790/= with interests from the date of decree.
Facts
Tabitha Wairimu Wangari, deceased, was involved in a road traffic accident on 27th October, 2011. The deceased was hit by a motor vehicle registration number KBM 528B owned by Kenya Army. The estate of the deceased filed a civil case in the Principal Magistrate's Court at Wanguru, where the respondent participated. The court entered judgment in favor of the estate in the total sum of Ksh.627,790/=.
Issues
- Whether the applicants are entitled to an order of mandamus compelling the respondent to settle the decretal sum of Ksh.627,790/=.
- Whether the respondents have failed to perform their duty to settle the claim as required by law.
Reasoning
The court determined that the applicants are the legal representatives of the estate of the deceased and that the respondent, being aware of the judgment, failed to settle the claim. The court ruled that an order of mandamus can be granted against a public body to compel the performance of a public duty imposed by law.
Outcome
The application is allowed.
Orders
- An order of mandamus is granted to compel the respondent to settle the decretal sum of Ksh.627,790/= with interests from the date of decree.
Remedies
- Compelling the respondent to settle the decretal sum of Ksh.627,790/= with interests from the date of decree.
Authorities cited
Cases cited (2)
- Republic v Director-General of East African Railways Corporation Ex Parte Kaggwa (1977) KLR 194
- Kenya National Examination Council v Republic Ex-parte Geoffrey Gathenji Njoroge & 9 others (1997) EKLR
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