Miriam Wairimu Wambugu & another v Attorney General [2019] KEHC 11263 (KLR)
- Court
- High Court of Kenya
- Case number
- 11263
- Citation
- [2019] KEHC 11263 (KLR)
- Decided
- 11 April 2019
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeJudicial ReviewPostureApplication for Mandamus and Costs against the Attorney GeneralCoramE. OGOLA
Holding
The application is dismissed as the condition precedent stipulated in section 21(1) of the Government Proceedings Act has not been satisfied.
Facts
The applicants seek a mandamus order compelling the respondent to pay the estate of Jacob Juma the decretal sum and costs, and to satisfy the decree, costs, and interest in HCCC NO. 661 OF 2007.
Issues
- Condition precedent to satisfaction of monetary decrees against the government
- Whether the applicants have obtained the Certificate of Order Against the Government
Reasoning
The court finds that the applicants have not obtained the Certificate of Order Against the Government for the decretal amount, instead attaching a decree and a Certificate of Taxation. The court dismisses the application as premature.
Outcome
Application dismissed
Orders
- The Applicant is at liberty to file fresh proceedings. Parties to bear own costs.
Authorities cited
Legislation (2)
- Government Proceedings Act
- Civil Procedure Act
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
Loading judgment…