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Republic v Attorney General & another; Wagala & another (Exparte) (Application 336 of 2019) [2022] KEHC 10855 (KLR) (Judicial Review) (10 June 2022) (Judgment)
Neutral citation:
[2022] KEHC 10855 (KLR)
Republic of Kenya
Application 336 of 2019
J Ngaah, J
June 10, 2022
Between
Republic
Applicant
and
Attorney General
1st Respondent
Ministry of Environment & Natural Resources
2nd Respondent
and
Yona Wagala
Exparte
Tobias Omondi Wagala
Exparte
Judgment
1.The applicants’ application is dated 26 November 2019 and is said to brought under Order 53 of the Civil Procedure Rules and sections 8 and 9 of the Law Reform Act Cap 26. The prayers are framed as follows:1.That an order of mandamus do (sic) issue compelling the respondents herein to pay the ex parte applicants the sum of Kshs. 724,700.00 being the decretal amount owed to them in the Chief Magistrate’s Court Civil Case number 42 of 2006 at Nairobi together with interest accruing thereon at the rate of 12% per annum from 26th April 2013 until payment in full.2.That the Attorney General and the Principal Secretary Ministry of Environment and Natural Resources shall comply by satisfying the decree, costs and interest in Chief Magistrate’s Court Civil Case Number 42 of 2006 at Nairobi within fourteen (14) days from the date of service of the order.3.That in default, notice to show cause do (sic) issue against the Attorney General and the Principal Secretary Ministry of Environment and Natural Resources for them to show cause why they should not be cited for contempt of court.4.Such further and other reliefs that the Honourable Court may deem just and expedient to grant.5.That the costs of this application be provided for.
2.According to the affidavit sworn to verify the facts in the statutory statement, judgment for the sum of Kshs. 724,700/= was entered in favour of the applicants against the Attorney General on 20 April 2015 in Nairobi Magistrates Court Civil Case No. 42 of 2006. The applicant obtained the decree and a certificate of order against the government and served them up on the Attorney General. However, the amount has not been paid to date hence the present application.
3.None of the respondents filed any response to the application and on various occasions when this matter came up in court counsel for the Attorney General sought more time to pay the decretal sum. On 3 February 2021, Mr Munene for the Attorney General acknowledged that the matter had been pending in court for quite a while and asked for 45 days to settle the amount in default of which the court was at liberty to proceed and rule on the applicant’s instant application.
4.In the absence of any response and considering that the Attorney General’s admission that the decree has not been satisfied, I allow the application only to the extent that the order of mandamus is hereby issued against the Principal Secretary Ministry of Environment & Natural Resources compelling him to satisfy the decree given in the Nairobi Chief Magistrates Court Civil Case No. 42 of 2006 on 26 April 2013 forthwith. The rest of the prayers are declined except that the applicant will also have the costs of the application. Orders accordingly.
SIGNED, DATED AND DELIVERED ON 10 JUNE 2022NGAAH JAIRUSJUDGE
