Republic v Commissioner for Co-operative Development Ex-Parte Telkom Kenya Limited [2015] KEHC 7686 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT NAIROBI

JUDICIAL REVIEW DIVISION

JR CASE NO. 233 OF 2014

REPUBLIC.................................................................APPLICANT

VERSUS

COMMISSIONER FOR CO-OPERATIVE

DEVELOPMENT………………………….......…RESPONDENT

EX-PARTE

TELKOM KENYA LIMITED

JUDGEMENT

1. The ex parte Applicant, Telkom Kenya Limited through the notice of motion application dated 24th July, 2014 prays for an order of mandamus to compel the Respondent, the Commissioner for Co-operative Development to pay Kshs.371,249/= to the Applicant being costs taxed and certified in Nairobi H.C. Misc. Civil Application No. 119 of 2011 Telkom Kenya Ltd v The Commissioner for Cooperative Development and another.

2. The application is not opposed.

3. The Applicant’s case is that it filed Judicial Review Misc. Application No. 119 of 2011 against the Respondent. Mawasiliano Sacco Society Ltd was an Interested Party.  Judgement was delivered on 26th March, 2012 in its favour and the Respondent was condemned to pay costs.

4. The party and party bill of costs was drawn, filed and taxed inter partes.A Certificate of Taxation for Kshs.371,249/= dated 4th November, 2013 was served on the Respondent on 12th November, 2013.  The decree was extracted and served on the Respondent on 30th January, 2014.  It is the Applicant’s case that despite demand, the Respondent has failed or refused to discharge the decree.

5. Before this matter was concluded counsel for the Applicant swore a supplementary affidavit on 26th June, 2015 through which she exhibited a certificate of order against the government issued on 25th June, 2015.

6. An order of mandamus is a remedy that comes to the aid of an applicant to compel a public body or officer to perform a statutory duty where the body or officer has refused or neglected to do so.  In the case before me the Applicant has demonstrated that the Respondent has refused or neglected to pay the sum of Kshs.371,249/= being costs awarded to the Applicant against the Respondent in a court case.  The Respondent has a duty to comply with a court order.

7. The application therefore succeeds and an order of mandamus is issued compelling the Respondent to forthwith pay the Applicant the sum of Kshs.371,249/=.  There is no order as to costs.

Dated, signed & delivered at Nairobi this 20th day of August, 2015

W. KORIR,

JUDGE OF THE HIGH COURT