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Republic v Attorney General & another; Nyaboga (Exparte) (Application 55 of 2019) [2022] KEHC 10769 (KLR) (Judicial Review) (10 June 2022) (Judgment)
Neutral citation:
[2022] KEHC 10769 (KLR)
Republic of Kenya
Application 55 of 2019
J Ngaah, J
June 10, 2022
Between
Republic
Applicant
and
Hon. Attorney General
1st Respondent
Principal Secretary, Ministry of Interior & Co-ordination of National Government
2nd Respondent
and
Peter Nyaboga
Exparte
Judgment
1.The motion before court is dated 20 March 2019 and is stated to brought under sections 8 and 9 of the Law Reform Act, Cap 26, Section 3A of the Civil Procedure Act, cap. 21, and Order 53 Rule 3 of the Civil Procedure Rules. It seeks an order of mandamus directed at the respondents ordering the 2nd respondent to pay the ex parte applicant the sum of Kshs. 621,131/= due and owing as at 7 September 2018 on account of a judgment entered against the respondents on 30 June 2017 in Milimani Chief Magistrate’s Court Civil Case number 516 of 2015.
2.According to the affidavit sworn by the applicant in verification of the facts, he obtained judgement in the magistrates’ court on 30 June 2017 for the sum of Kshs. 456,800/=. Subsequently a degree and a certificate of costs were issued on 7 September 2018 for the total sum of Kshs. 621,131/=.
3.Although the respondents were served with a decree and the certificate of costs, they have failed to pay the applicant and it is for this reason that the applicant has filed the present application.
4.The respondent did not file any response for the reason that they were not contesting the fact that the decree has not been satisfied. As a matter of fact, on 15 February 2021 Mr. Munene, the learned counsel for the respondents asked for two months to pay the applicant. However, as at the time the court reserved the matter for judgment, the payment had not been made.
5.Considering that the Attorney General does not dispute the outstanding amount and that no response has been filed in response to the application, I allow the application as prayed.
6.To be precise, an order of mandamus is hereby issued compelling the Principal Secretary, Ministry of Interior and Coordination of National Government, to pay the sum of Six Hundred and Twenty-One Thousand One Hundred and Thirty-One Kenya Shillings (Kshs. 621, 131/=) due and owing as at 7 September 2018 on account of judgment entered against the respondents on the 30th June 2017 in Mimilimani Chief Magistrates Court No. 3516 of 2015 or, otherwise satisfy the decree given in that case on 30 June 2018. The applicant will also have costs of the application. Orders accordingly.
SIGNED, DATED AND DELIVERED ON 10 JUNE 2022NGAAH JAIRUSJUDGE
