Republic v Attorney General & another [2018] KEHC 3301 (KLR)
- Court
- High Court of Kenya
- Case number
- 3301
- Citation
- [2018] KEHC 3301 (KLR)
- Decided
- 18 October 2018
The Government is not liable for costs awarded in a civil proceeding, but the Attorney General is under a statutory duty to pay the costs awarded.
Facts
The Applicant brought a Judicial Review to quash a gazette notice by the Registrar of Titles that purported to cancel the Applicant's title to land. The earlier suit was allowed with costs, and the costs were taxed but not paid.
Issues
- Whether the Government is liable for costs awarded in a civil proceeding
- Whether the Attorney General is under a statutory duty to pay the costs awarded
Reasoning
Section 21(4) of the Government Proceedings Act prohibits execution against the Government, but section 21(1) provides that the proper officer of the court shall issue a certificate containing particulars of the order. The court can issue a mandamus to compel the payment of the costs.
Outcome
The Attorney General is ordered to pay the costs awarded in the earlier suit.
Orders
- Order for mandamus compelling the Attorney General to pay the costs awarded in the earlier suit
Remedies
- Compulsory payment of the costs awarded
Authorities cited
Legislation (1)
- Government Proceedings Act
Cases cited (1)
- Republic vs. Kenya National Examinations Council ex parte Gathengi & 8 Others Civil Appeal No 234 of 1996
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