Republic v Principal Secretary,Ministry of Defence & another Ex Parte Applicant:Lucy Nduta Wambui [2021] KEHC 1144 (KLR)
- Court
- High Court of Kenya
- Case number
- 1144
- Citation
- [2021] KEHC 1144 (KLR)
- Decided
- 9 November 2021
The ex parte Applicant’s Notice of Motion dated 16th February 2021 is merited. An order of mandamus is granted to compel the Principal Secretary, Ministry of Defence to pay the decretal sum of Kshs 998,452.60 to the ex parte Applicant.
Facts
Lucy Nduta Wambui applied for orders of mandamus against the Principal Secretary, Ministry of Defence and the Attorney General to settle a decretal sum of Kshs 998,452.60 awarded in Nairobi CMCC No. 7724 Of 2017.
Issues
- Whether the Respondents are under a public duty and obligation to satisfy the orders issued in favour of the ex parte Applicant.
- Whether the ex parte Applicant is entitled to the relief she seeks.
Reasoning
The Court found that the Respondents are under a public duty and obligation to satisfy the orders issued in favour of the ex parte Applicant, and the ex parte Applicant is entitled to the relief she seeks.
Outcome
The ex parte Applicant is granted an order of mandamus to compel the Principal Secretary, Ministry of Defence to pay the decretal sum of Kshs 998,452.60.
Orders
- An order of mandamus to compel the Principal Secretary, Ministry of Defence to pay to the ex parte Applicant herein the sum of Kshs 998,452.60, being the decretal sum awarded to the ex parte Applicant in Nairobi CMCC No. 7724 Of 2017 - Lucy Nduta Wambui vs Cabinet Secretary, Ministry of Defence & The Attorney General of together with interest thereon at the rate of 12% p.a. from 13/01/2020 until payment in full.
- The ex Parte Applicant shall have the costs of the Notice of Motion dated 16th February 2021 of Kshs 30,000/=
Remedies
- An order of mandamus to compel the Principal Secretary, Ministry of Defence to pay the decretal sum of Kshs 998,452.60.
- The ex Parte Applicant shall have the costs of the Notice of Motion dated 16th February 2021 of Kshs 30,000/=
Authorities cited
Legislation (1)
- Government Proceedings Act
Cases cited (4)
- Republic vs Principal Secretary of State Department of Interior & Coordination of National Government & National Treasury ex parte Salim Awadh Salim & 11 Others (2017) e KLR
- Republic vs Kenya National Examinations Council ex parte Gathenji and 9 Others, [1997] e KLR
- Apotex Inc. vs. Canada (Attorney General)
- Dragan vs. Canada (Minister of Citizenship and Immigration)
Loading judgment…