Republic v Permanent Secretary Ministry of Special Programmes Ex-Parte Simon Maina Gathambu [2017] KEHC 7289 (KLR)
- Court
- High Court of Kenya
- Case number
- 7289
- Citation
- [2017] KEHC 7289 (KLR)
- Decided
- 9 February 2017
The court held that the order of mandamus is the appropriate remedy to compel the performance of a public duty where there has been failure to perform the duty to the detriment of the affected party.
Facts
The ex-parte applicants seek Kshs. 25,000 to facilitate their resettlement, claiming the Permanent Secretary of the Ministry of Special Programmes failed to pay as per its undertaking in Legal Notice No. 11 dated 30 January 2008.
Issues
- Whether the court can issue an order of mandamus compelling the respondent to pay the applicants the sum of Kshs. 25,000 for resettlement
- Whether the respondents' argument that the state cannot be compelled to perform government policy is valid
Reasoning
The court cited Halsbury’s Law Of England and previous cases to define mandamus as a prerogative order to compel performance of a public duty, and held that the applicants have a legitimate expectation under Article 47 of the Constitution to be resettled.
Outcome
The court granted the ex-parte applicants' application for mandamus.
Orders
- The court ordered the Permanent Secretary to pay the ex-parte applicants the sum of Kshs. 25,000 for resettlement
Remedies
- Compulsory payment of Kshs. 25,000 for resettlement
Authorities cited
Legislation (1)
- Legal Notice No. 11 dated 30 January 2008
Cases cited (5)
- Republic v The Commissioner Of Lands And Another Ex-Parte Kithinji Murugu M'agere
- Printing Industries Limited v City Council of Nairobi J.R. No. 224 of 2012
- Kenya National Examination Council v Republic Exparte Geoffrey Gathenji & 9 Others
- Printing Industries Limited v City Council of Nairobi J.R. No. 224 of 2012
- Wamwere v Attorney General
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