Republic v Principal Secretary, State Department of Interior, Ministry of Interior & Coordination of National Government & 3 others [2018] KEHC 3022 (KLR)
- Court
- High Court of Kenya
- Case number
- 3022
- Citation
- [2018] KEHC 3022 (KLR)
- Decided
- 3 October 2018
The Respondents are under a public duty and obligation to satisfy the decree and orders issued in favour of the Applicant. The Applicant is entitled to the relief he seeks.
Facts
The Applicant, Jaston Ongule Onyango, won a judgment in High Court Petition No. 530 of 2012, awarding him Kshs 4,000,000 in damages and Kshs 4,950 in special damages. The Respondents are the Principal Secretary in the Department of Interior, Ministry of Interior and Co-ordination of the National Government, and the Principal Secretary, Ministry of National Treasury.
Issues
- Whether the Respondents are under a public duty and obligation to satisfy the decree and orders issued in favour of the Applicant in the said judgment.
- Whether the Applicant is entitled to the relief he seeks.
Reasoning
The judgment is based on the principles of mandamus, which compels the performance of a public duty imposed by statute. The Respondents are departments of Government and are under a legal obligation to comply with the decree.
Outcome
The Respondents are ordered to pay the Applicant the sum of Kshs 4,000,000 with interest, special damages, and taxed costs.
Orders
- An order of mandamus directed to the Principal Secretary in the Department of Interior, Ministry of Interior and Co-ordination of the National Government, to comply and pay the Applicant the sum of Kshs 4,000,000, with interest and special damages.
- The ex Parte Applicant shall have the costs of the Notice of Motion of Kshs 50,000.
Remedies
- Payment of Kshs 4,000,000 with interest and special damages.
- Taxed costs of Kshs 250,699.
Authorities cited
Legislation (1)
- Government Proceedings Act
Cases cited (3)
- Republic vs Principal Secretary of Defence and Another ex parte David Gitau Njau & 9 Others (2018) eKLR
- Republic vs The Attorney General & Another ex parte James Alfred Koroso (2013) e KLR
- Republic vs Kenya National Examinations Council exparte Gathenji and 9 Others, [1997] eKLR
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