Republic v Cabinet Secretary Ministry of Interior & Coordination of National Government & another Ex parte Hydro Bakery Limited & 3 others [2021] KEELC 1399 (KLR)
The bottom line
#A Kisii court ordered the government to pay a bakery its court-awarded compensation, confirming mandamus as the way to enforce judgments against the State.
What this practically means
#Executive summary
#Key legal issues
#Whether mandamus lies to compel satisfaction of a decree against the Government
Yes; mandamus is the proper remedy where section 21(4) of the Government Proceedings Act bars execution against the Government and the Government fails to satisfy a decree
Section 21(4) of the Government Proceedings Act prohibits execution or attachment against the Government, while section 21 provides the procedure for obtaining a certificate to satisfy a decree. Relying on the Egunza and Koroso authorities, the court held that where judgment has gone against the Government and remains unsatisfied, mandamus is the only remedy available to the decree-holder, and denial of the fruits of judgment offends Article 48 on access to justice. The Applicants obtained judgment in 2015 but had not been compensated, and the Respondents continued occupying the premises in violation of their rights.
Whether prohibition should issue against the Respondents' continued occupation of the suit premises
No; prohibition was inappropriate because the prior judgment had declined to declare ownership of the suit property in the Applicants' favour
The alternative prayer sought to prohibit the Respondents from continued occupation and use of the Applicants' parcel of land. The court found this remedy unsuitable because in the underlying suit, Kisii HCCC No. 132 of 2008, the court had declined to make a declaration that the suit property belonged to the Ex-parte Applicants. Without such a declaration of ownership, an order of prohibition over the property could not issue.
Legal principles established
#- Execution is barred against the Government, but a decree-holder may seek mandamus to compel the proper officer to satisfy a decree under section 21 of the Government Proceedings Act
Court orders
#- 1.An order of mandamus compelling the Principal Secretary in the Ministry of Interior and Coordination of National Government to settle the decree in Kisii HCCC No. 132 of 2008
- 2.Costs of the suit borne by the Respondents
- Jurisdiction invoked
- Judicial review jurisdiction under the Law Reform Act and Fair Administrative Action Act to compel performance of a statutory duty; Government Proceedings Act section 21
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Republic v Cabinet Secretary Ministry of Interior & Coordination of National Government & another Ex parte Hydro Bakery Limited & 3 others [2021] KEELC 1399 (KLR)", Case Analysis (2021). Judicial Review (Notice of Motion dated 28th October 2020). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2021/1399/eng@2021-10-19
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.