Republic v County Secretary,Nairobi City County Ex-Parte Registered Trustees of Sir Ali Muslim Club [2021] KEHC 7377 (KLR)
- Court
- High Court of Kenya
- Case number
- 7377
- Citation
- [2021] KEHC 7377 (KLR)
- Decided
- 19 April 2021
The ex parte Applicant’s Notice of Motion is merited, and an order of mandamus is granted to compel the County Secretary to pay the costs awarded.
Facts
The ex parte Applicant, the Registered Trustees of Sir Ali Muslim Club, filed a judicial review application for prohibition, certiorari, and declarations in High Court Judicial Review Application Number 46 of 2017. The ex parte Applicant was awarded Kshs. 910,005/= in costs, but the County Secretary, Nairobi City County, has not paid the costs despite repeated requests.
Issues
- Whether the County Secretary is under a public duty to pay the costs awarded to the ex parte Applicant.
- Whether the ex parte Applicant is entitled to the relief she seeks.
Reasoning
The Court of Appeal held that an order of mandamus is a remedy that controls procedural delays and compels the performance of a public duty. The ex parte Applicant has a clear right to the performance of the duty, and no other adequate remedy is available.
Outcome
The ex parte Applicant is granted an order of mandamus to compel the County Secretary to pay the costs awarded.
Orders
- An order of mandamus to compel the County Secretary, Nairobi City County and County Executive Committee Member for Finance Nairobi City County to pay the ex parte Applicant the sum of Kshs. 910,005/=, together with interest at 6% per annum from 20th July 2017 until payment in full.
- The ex parte Applicant shall have the costs of the Notice of Motion dated 26th October 2020 of Kshs 30,000/=.
Remedies
- Payment of Kshs. 910,005/= to the ex parte Applicant.
- Payment of interest at 6% per annum from 20th July 2017 until payment in full.
Authorities cited
Legislation (1)
- Government Proceedings Act
Cases cited (2)
- Republic vs Kenya National Examinations Council exparte Gathenji and 9 Others, [1997] e KLR
- Republic vs Principal Secretary, Ministry of Internal Security & another ex parte Schon Noorani & Another [2018] eKLR
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