Republic v Attorney General Exparte Samuel Ndungu Wainaina [2014] KEHC 7092 (KLR)

IN THE HIGH COURT AT NAIROBI

MILIMANI LAW COURTS

JUDICIAL REVIEW DIVISION

MISC. CIVIL APPL. NO. 366 OF 2013

BETWEEN

REPUBLIC ............…………………….………………..APPLICANT

AND

THE ATTORNEY GENERAL…………….………….RESPONDENT

EXPARTE

SAMUEL NDUNGU WAINAINA

RULING

The Notice of Motion before the Court is dated 10th December 2013 and it seeks an order of mandamus to compel the respondent to satisfy a decree issued in Milimani CMCC No. 10372 of 2003, Samuel Ndungu Wainaina v The Attorney General and BOG Kiarutura Secondary School.By a judgment of 2nd November 2013, the ex-parte applicant was awarded the sum of Ksh.350,000/= and interest thereon together with costs certified at Kshs.52,855/=

Despite demand and notice to the respondent, the judgment is yet to be satisfied.  Furthermore, no replying affidavit has been filed to contest the claim.  I am satisfied that on the basis of material before the Court, the application for mandamus is warranted.

The Notice of Motion dated 10th December is allowed and therefore:-

An order of mandamus be and is hereby issued directing the respondent to settle the Decree dated 2nd November 2004arising from Milimani CMCC NO. 10372 of 2003in favour of the ex-parte applicant with costs and interest accrued until payment in full.

The ex-parte applicant shall have costs of the application.

DATED and DELIVERED at NAIROBI this 18th February 2014

D.S. MAJANJA

JUDGE