Republic v Attorney General & another Ex-parte Kimeu Musyoki [2017] KEHC 7004 (KLR)
- Court
- High Court of Kenya
- Case number
- 7004
- Citation
- [2017] KEHC 7004 (KLR)
- Decided
- 9 March 2017
An order of mandamus is issued and directed to the Respondents compelling them to pay to the Exparte Applicant the entire decretal sum of Kshs. 926,856.00 awarded to the Exparte Applicant in Machakos Chief Magistrate’s Court Civil Case No. 1287 of 2009 as contained in the certificate of order against the Government issued by the said Machakos Cm’s Court dated 16/12/2014.
Facts
The Exparte Applicant filed a civil suit in Machakos CMCC No. 1287 of 2009 against the Attorney General and another, seeking compensation for the loss suffered by the estate of Kennedy Musyoki Kimeu due to his death. The 1st Respondent was held 100% liable and ordered to pay general damages of Kshs,610,200/= plus costs and interest. The 1st Respondent has been served with requests to pay, including copies of the judgment, decree, and certificate of order against the Government, but has not settled the decretal sum.
Issues
- Whether an order of mandamus should be granted to compel the 1st and 2nd Respondents to pay the decretal sum of Kshs. 926,856.00 plus costs and accrued interest.
- Whether the 1st and 2nd Respondents are in breach of their duty under the law in failing to settle the decretal sum though duly notified.
Reasoning
The court found that the Respondents are persons holding state offices whose duty is to comply with the order of the court. The Applicant has exhausted all the requisite processes and what is now remaining is for the Respondents to satisfy the judgment issued in favour of the Applicant.
Outcome
The Applicant's Application succeeds.
Orders
- An order of mandamus is issued and directed to the Respondents compelling them to pay to the Exparte Applicant the entire decretal sum of Kshs. 926,856.00 awarded to the Exparte Applicant in Machakos Chief Magistrate’s Court Civil Case No. 1287 of 2009 as contained in the certificate of order against the Government issued by the said Machakos Cm’s Court dated 16/12/2014.
Remedies
- An order of mandamus to compel the Respondents to pay the decretal sum of Kshs. 926,856.00 plus costs and accrued interest.
Authorities cited
Legislation (3)
- Law Reform Act
- Government Proceedings Act
- Civil Procedure Act
Cases cited (2)
- Republic v Kenya National Examination Council Ex parte Gathenji & Others Civil Appeal No. 266 of 1996
- Republic v Permanent Secretary Ministry of Water & Resources Management & Development Ex parte Akamba Timber & Hardware Ltd [2006] eKLR
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