Republic v Principal Secretary Ministry of Interior and Cordination of National Government of Kenya Ex-Parte Julius Gitonga Munene & 10 others [2017] KEHC 5590 (KLR)
- Court
- High Court of Kenya
- Case number
- 5590
- Citation
- [2017] KEHC 5590 (KLR)
- Decided
- 8 May 2017
The court ordered the respondents to pay Kshs 2,000,000 interest at court rates and Kshs 97,030 in costs, and committed the respondents to prison for contempt of court if they do not pay.
Facts
The applicants are holders of a decree from a judgment dated 15th March 2013, ordering the respondents to pay Kshs 200,000 each for malicious prosecution. Despite the decree, the respondents have not paid and have not responded to the application.
Issues
- Whether the court can compel the respondents to pay the decree amount
- Whether the respondents' failure to pay and respond constitutes contempt of court
Reasoning
The court cited judicial precedents to support the use of mandamus to compel the respondents to pay the decree amount, emphasizing the state's duty to ensure access to justice and the public's right to the fruits of their judgments.
Outcome
The respondents were ordered to pay the decree amount and interest, and committed to prison for contempt of court if they do not comply.
Orders
- Order of Mandamus directed at the Principal Secretary of Interior and Coordination of National Government in the Republic of Kenya compelling the payment of Kshs 2,000,000 interest at court rates and costs of Kshs 97,030 as per the Decree and Certificate of costs dated 29th November 2013, issued in Meru CMCC NO. 10 of 2006 and in default of such payment, the Principal Secretary to be committed to prison for contempt of court.
Remedies
- Payment of Kshs 2,000,000 interest at court rates and costs of Kshs 97,030
Authorities cited
Legislation (3)
- Order 53 Rule 1 of the Civil Procedure Rules 2010
- Article 48 of the Constitution
- Article 129 of the Constitution
Cases cited (1)
- Republic vs. The Attorney General & Another Ex Parte James Alfred Koroso
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