Republic v Permanent Secretary Ministry of Transport & Permanent Secretary Office of the President Ex-Parte Kavata Mwanzi [2014] KEHC 7810 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT NAIROBI

JUDICIAL REVIEW DIVISION

JR CASE NO 68 OF 2013

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

VERSUS

PERMANENT SECRETARY MINISTRY OF TRANSPORT ............ 1ST RESPONDENT

PERMANENT SECRETARY OFFICE OF THE PRESIDENT ...........2ND RESPONDENT

EX-PARTE

KAVATA MWANZI

JUDGEMENT

Through the notice of motion dated 21st March, 2013 Kavata Mwanzi (the ex-parte applicant) prays for an order of mandamus to compel the Permanent Secretary of the Ministry of Transport (the 1st respondent) and the Permanent Secretary of the Office of the President (the 2nd respondent) to pay her the sum of Kshs.3,218,713. 90 together with interest thereon until payment in full.

The applicant’s case is that she successfully sued the Attorney General in Nairobi High Court Civil Suit No. 531 of 2003 as a result of unlawful detention of her motor vehicle registration number KAQ 126F.  On 14th December, 2011 a certificate of order against the government for Kshs.3,218,731. 90 was issued in that case.

The applicant avers that despite demand the respondents have refused to pay the decretal amount.  The respondents did not reply to the application.

An order of mandamus is issued to a public authority to perform its statutory duty where it has failed to do so after being asked to comply by an applicant.  The applicant before this Court has demonstrated that the respondents have a statutory duty to pay the decretal amount of Kshs. 3,218,731. 90-see Section 21(3) of the Government Proceedings Act (Cap. 40).  She has also demonstrated that demands have been made and the respondents have failed to comply.  The application therefore succeeds and an order of mandamus shall issue as prayed.  The applicant will also have the costs of the application.

Dated, signed and delivered at Nairobi this 30th day of April, 2014

W. KORIR,

JUDGE OF THE HIGH COURT