Republic v County Government of Bomet Ex parte DKN (Suing as the Father and the next friend of the Minor DK) [2021] KEHC 2864 (KLR)
- Court
- High Court of Kenya
- Case number
- 2864
- Citation
- [2021] KEHC 2864 (KLR)
- Decided
- 21 October 2021
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeJudicial ReviewPostureRespondent failed to pay the Decretal sum, Ex-parte applicant sought an Order of MandamusCoramR. LAGAT-KORIR
Holding
Order of Mandamus granted
Facts
Ex-parte applicant obtained a Judgment in Bomet CMCC No. 76 of 2019 for Kshs.455,100 and Costs assessed at Kshs.89,680. A Decree and a Certificate of Costs was extracted and served upon the Respondent, but the Decretal sum has not been satisfied.
Issues
- Compelling the Respondent to pay the Decretal sum
- Remedial nature of the Order of Mandamus
Reasoning
The Respondent has failed to honor its obligation to pay the Decretal sum, and it is only fair that they are compelled to perform their duty and pay the ex-parte applicant.
Outcome
Order of Mandamus granted
Orders
- Remedial nature of the Order of Mandamus
Remedies
- Compelling the Respondent to pay the Decretal sum
Authorities cited
Legislation (2)
- Law Reform Act Cap 26
- Civil Procedure Rules 2010
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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