REPUBLIC V PERMANENT SECRETARY, MINISTRY OF JUSTICE, NATIONALCOHESION & CONSTITUTIONAL AFFAIRS EX-PARTE GACHOKA MWANGI [2012] KEHC 2826 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA ATNAIROBI

JUDICIAL REVIEW 59 OF 2010

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

VERSUS

PERMANENT SECRETARY,MINISTRY OF JUSTICE, NATIONAL COHESION &

CONSTITUTIONAL AFFAIRS ...................................RESPONDENT

EX-PARTE

GACHOKA MWANGI

JUDGEMENT

Initially through the notice of motion dated 18th November, 2010 Gachoka Mwangi the ex-parte applicant herein had prayed for an order of mandamus directed at the Permanent Secretary, Ministry of Justice and Constitutional Affairs compelling her to pay the decretal sum in Nairobi Chief Magistrate’s Court Civil Case No. 9796 of 2004 which stood at kshs.768, 133. 40 on 17th November, 2010. In the course of the proceedings the applicant realized that the Permanent Secretary, Ministry of State for Provincial Administration and Internal Security was the correct respondent. He sought to amend the notice of motion and obtained leave from the court on 29th November, 2011 to carry out the amendment.

Now through the amended notice of motion dated 1st August, 2011, the applicant seeks an order of mandamus compelling the Permanent Secretary, Ministry of State for Provincial Administration and Internal Security to pay the said decretal sum.

It is not disputed that by a decree dated 16th April, 2007 and a certificate of costs dated 9th April, 2007 the applicant was awarded Kshs.532, 119. 60 in Nairobi Milimani Chief’s Magistrate’s Court Civil Case No. 9796 of 2004. It is also not disputed that the said amount plus interest of 12% per annum from 16th April, 2007 has not been paid to the applicant to date.

In the supplementary submissions dated 21st February, 2012 the respondent admitted that the decretal amount plus interest due was Kshs.707, 762. 30. It is therefore clear that the applicant’s claim is not opposed. The respondent only disputes the interest payable to the applicant.

The application is therefore allowed so that an order of mandamus is issued compelling the respondent to pay the applicant the sum 532,119. 60 together with interest at 12% per annum from 16th April, 2007 until payment in full. This will enable the parties to calculate interest afresh because interest is the only disputed issue. The applicant will also get the costs of this application from the respondent.

Dated and signed at Nairobi this 26th day of July , 2012

W. K. KORIR, J