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Republic v City Council of Nairobi & 2 others [2019] KEHC 12147 (KLR)

[2019] KEHC 12147 (KLR) High Court of Kenya
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Court
High Court of Kenya
Case number
12147
Citation
[2019] KEHC 12147 (KLR)
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeJudicial ReviewPostureApplicant seeks mandamus against Respondents to pay Ksh. 10,247,610/= and costsCoramJohn M. Mativo
Holding

The application is legally frail and cannot be set aside or interfered with. The orders of mandamus are upheld.

Facts

Ex parte applicants filed an application for mandamus seeking payment of Ksh. 10,247,610/= and costs. Respondents were ordered to pay the amount but did not comply. Applicants then sought contempt of court for non-compliance.

Issues

  1. Legal sufficiency of the application
  2. Nature and purpose of mandamus
  3. Provisions of Civil Procedure Act

Reasoning

The court found the application legally weak and the orders of mandamus were merited. The court cannot interfere with the judgment and orders.

Outcome

Affirmed

Orders

  • Order of Mandamus compelling Respondents to pay Ksh. 10,247,610/= and costs

Remedies

  • None

Authorities cited

Legislation (2)
  • Cap 21, Laws of Kenya
  • Cap 40, Laws of Kenya
Cases cited (2)
  • Kenya National Examinations Council vs R ex parte Geoffrey Gathenji Njoroge & 9 Others {1997} eKLR
  • Wilbur vs. United States ex rel. Kadrie, 281 U.S. 206, 218 (1930)
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.
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