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ELCAllowedMiscellaneous Application dated 26th April, 2018· [2018] KEELC 161 (KLR)

Republic v County Government of Kajiado Exparte Lillian Jaffrey & another [2018] KEELC 161 (KLR)

Environment and Land Court (High Court), Kajiado
11 December 2018
COChristine Ochieng
785 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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A Kenyan court ordered Kajiado County to pay awarded court costs, confirming mandamus can force government accounting officers to pay judgments.

What this practically means

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Executive summary

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The Ex parte Applicants moved the court by Notice of Motion dated 26th April 2018, brought under Section 3A of the Civil Procedure Act and Order 53(3) of the Civil Procedure Rules, seeking an order of mandamus compelling the County Government of Kajiado to pay Kshs. 96,971/- with costs and interest. That sum arose from costs awarded by Justice Dulu in Miscellaneous Application No. 102 of 2010, a judicial review against the former County Council of Kajiado; the party-to-party bill of costs was taxed at Kshs. 96,971/- and a certificate of taxation issued on 24th May 2013. Despite demand letters, the Respondent did not pay, although the court noted that on 30th May 2017 the County Attorney indicated a cheque of Kshs. 96,000/- had been forwarded to the Respondent's advocates. The Respondent was duly served but filed no response and did not attend court. The court framed a single issue: whether mandamus should issue to compel payment. Relying on Section 21(3) of the Government Proceedings Act and Odunga J's decision in Republic v Permanent Secretary, Ministry of Internal Security Ex-Parte Nassir Mwandihi [2014] eKLR, the court held that the Accounting Officer bears a statutory duty to pay certified amounts with interest. The unopposed application was allowed; judgment was entered for Kshs. 96,971/- with interest at court rates from 24th May 2013 until payment in full, and costs were awarded to the Applicants.

Key legal issues

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01

Whether mandamus lies to compel a county government to pay a taxed bill of costs (certificate of taxation)

Holding

Yes - mandamus issues to compel the Accounting Officer to pay the certified amount together with interest, per Section 21(3) of the Government Proceedings Act.

Reasoning

The Applicants obtained costs in a judicial review matter decided by Justice Dulu; a party-to-party bill of costs was taxed at Kshs. 96,971/= and a certificate of taxation issued on 24th May 2013. Despite demands, the Respondent failed to pay. The court noted the Government Proceedings Act applies to the county government and that the accounting officer has a statutory duty to pay amounts certified. As the Respondent was duly served and did not respond or appear, the claim remained uncontroverted and the application was merited.

p. 2

Legal principles established

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  • Where execution is not available against the Government, the Accounting Officer of the Government department concerned is under a statutory duty to satisfy a judgment against the Government, under Section 21(3) of the Government Proceedings Act.

Court orders

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  1. 1.Judgment be and is hereby entered for the Ex parte Applicants against the Respondent in the sum of Kshs. 96,971/= including interest at court rates from 24th May, 2013 until payment in full
  2. 2.The Costs of this suit is awarded to the Applicants

Authorities

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Legislation

  • Civil Procedure ActSection 3A
  • Civil Procedure RulesOrder 53(3)
  • Government Proceedings ActSection 21(3)

Cases cited (1)

  • Republic v Permanent Secretary Office Of The President Ministry Of Internal Security & another Ex-Parte Nassir Mwandihi
    [2014] eKLR
Jurisdiction invoked
Section 3A of the Civil Procedure Act and Order 53(3) of the Civil Procedure Rules; judicial review jurisdiction (order of mandamus)

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Republic v County Government of Kajiado Exparte Lillian Jaffrey & another [2018] KEELC 161 (KLR)", Case Analysis (2018). Miscellaneous Application dated 26th April, 2018. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2018/161/eng@2018-12-11

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.