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ELCOtherJudicial Review Application arising from Chuka High Court E & L Case No. 4 of 2018 (Formerly Meru High Court ELC No. 63 of 2004)· [2021] KEELC 3697 (KLR)

Republic v County Secretary County Government of Meru & another Ex parte John Muchai (Legal Representative of Isaya Mugambi Muketha (Deceased) [2021] KEELC 3697 (KLR)

High Court of Kenya
19 April 2021
PNP. M. Njoroge
379 words in judgment
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The bottom line

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A Kenyan High Court converted a payment dispute into a court-ordered settlement, obliging the respondents to pay Kshs.15.3 million by 30 December 2021.

What this practically means

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Executive summary

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This ruling, delivered in open court at Chuka on 19th April 2021 by P. M. Njoroge J, resolves a Notice of Motion dated 18th June 2019 brought by John Muchai, the ex-parte applicant, seeking an order of mandamus to compel the respondents to honour the decree in Chuka High Court E & L Case No. 4 of 2018 (formerly Meru High Court ELC No. 63 of 2004). The motion was expressed to be brought under Order 53 rule 3(1) of the Civil Procedure Rules, 2010 and Sections 8 and 9 of the Law Reform Act, pursuant to leave granted by F. Gikonyo J on 13th June 2019, and was supported by the applicant's affidavit. The application was not adjudicated upon. Instead, on 19th April 2021 the parties proffered a consent between the ex-parte applicant and the 1st and 2nd respondents, under which the respondents were to pay Kshs.15,296,000, being the principal together with interest at 12% per annum from 27th April 2016 to 27th April 2021, on or before 30th December 2021; the matter was to be mentioned after the 2021 High Court Christmas Vacation to confirm compliance; and the application was stood over generally. The court adopted the consent as its order. No costs were awarded, no mandamus issued, and no findings were made on the merits.

Key legal issues

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01

Whether mandamus should issue to compel satisfaction of the decree

Holding

The court did not determine the mandamus application; it adopted the parties' consent providing for payment of Kshs.15,296,000 by 30th December 2021 and stood the application over generally

Reasoning

On 19th April 2021 the ex-parte applicant and the 1st and 2nd respondents recorded a consent agreeing on payment of the decretal sum with interest at 12% per annum, a mention date for compliance, and that the application be stood over generally. The court adopted the consent as its order, thereby disposing of the motion without adjudication.

p. 2

Legal principles established

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  • A consent recorded by the parties and adopted by the court becomes an order of the court binding on the parties

Court orders

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  1. 1.The respondents shall pay Kshs.15,296,000, being the principal together with interest at 12% per annum from 27th April, 2016 to 27th April, 2021 on or before 30th December, 2021
  2. 2.The matter be mentioned on a date to be taken by the parties after the 2021 High Court Christmas Vacation to confirm compliance
  3. 3.The application dated 18th June 2019 be stood over generally
  4. 4.The consent dated 19th April 2021 is adopted as an order of the court

Authorities

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Legislation

  • Civil Procedure Rules, 2010Order 53 rule 3(1)
  • Law Reform Act, Cap 26 Laws of KenyaSections 8 and 9
Jurisdiction invoked
Order 53 rule 3(1) of the Civil Procedure Rules, 2010; Sections 8 and 9 of the Law Reform Act, Cap 26 Laws of Kenya

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 Secretary County Government of Meru & another Ex parte John Muchai (Legal Representative of Isaya Mugambi Muketha (Deceased) [2021] KEELC 3697 (KLR)", Case Analysis (2021). Judicial Review Application arising from Chuka High Court E & L Case No. 4 of 2018 (Formerly Meru High Court ELC No. 63 of 2004). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2021/3697/eng@2021-04-19

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