Republic v Independent Electoral and Boundaries Commission Ex parte Nyabaro Onditi [2021] KEHC 1069 (KLR)
- Court
- High Court of Kenya
- Case number
- 1069
- Citation
- [2021] KEHC 1069 (KLR)
- Decided
- 25 November 2021
The court finds that the applicant's notice of motion is merited to the extent of issuing an order of mandamus compelling the respondent to pay the applicant the sum of Kshs. 2,120,046, together with interest at 6% per annum from 26/1/2016, until payment in full.
Facts
The applicant, Nyabaro Onditi, sought orders compelling the respondent, Independent Electoral and Boundaries Commission, to pay Kshs. 2,120,046 in taxed party and party costs awarded by the Court of Appeal in Kisumu Civil Appeal No. 44 of 2013, together with interest at 12% from 26/1/2016.
Issues
- Whether the respondent is under a public duty to satisfy the orders issued in favor of the applicant.
- Whether the applicant is entitled to the relief sought.
Reasoning
The court applied the principles of mandamus, including the need for a public legal duty, a clear right to performance, and the absence of an adequate remedy.
Outcome
The court issued an order of mandamus and costs.
Orders
- An order of mandamus to compel the respondent to pay the applicant the sum of Kshs. 2,120,046, together with interest at 6% per annum from 26/1/2016, until payment in full.
- The applicant shall have the costs of the Notice of Motion of Kshs. 30,000/.
Remedies
- Payment of Kshs. 2,120,046 and interest at 6% per annum from 26/1/2016 until payment in full.
- Costs of the Notice of Motion of Kshs. 30,000/.
Authorities cited
Legislation (1)
- Government Proceedings Act, Section 21
Cases cited (2)
- Republic vs Kenya National Examinations Council ex parte Gathenji
- Republic vs Principal Secretary, Ministry of Internal Security & another ex parte Schon Noorani & Another
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