Republic v Principal Secretary, Ministry of Interior & Co-ordination of National Government Ex Parte; Mary Lisilihi Pesa [2020] KEHC 5837 (KLR)

Facts

The ex parte Applicant Mary Lisilihi Pesa won a judgment in Milimani Chief Magistrates Civil Case No. 4878 of 2016, awarding her Kshs 4,014,000/= in general and special damages, interest, and costs. Despite this, the Respondent, the Principal Secretary in the Ministry of Interior and Co-ordination of National Government, has not paid the decretal sum of Kshs 4,408,746/=. The ex parte Applicant is seeking an order of mandamus to compel the Respondent to pay the decretal sum and interest.

Issues

1. Whether the Respondent is under a legal duty and obligation to satisfy the decree and orders issued in favor of the ex parte Applicant in the said judgment.
2. Whether the ex parte Applicant is entitled to the relief she seeks.

Reasoning

The Court applied the principles of mandamus as outlined in Republic vs Kenya National Examinations Council ex parte Gathenji and 9 Others, (1997) e KLR, to determine that the Respondent is under a statutory duty to pay the decretal sum and interest. The Court found that the Respondent has failed to perform the duty to the detriment of the ex parte Applicant.

Outcome

The Court granted the ex parte Applicant's application for orders of mandamus.

Authorities cited