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ELCPartially AllowedChamber Summons Application dated 3rd August 2023 (arising from ELC No. 555 of 2011)· [2024] KEELC 1819 (KLR)

Macharia v Nairobi City Council (Environment & Land Miscellaneous Case 2 of 2023) [2024] KEELC 1819 (KLR)

Environment and Land Court

20 March 2024

EWE. K. Wabwoto

769 words in judgment

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The bottom line

The Environment and Land Court allowed a lawyer to seek mandamus compelling Nairobi City County officials to pay a decade-old court award of over Kshs 7.4 million.

What this practically means

Executive summary

The Applicant, Kennedy Otieno Arum Advocate, filed a Chamber Summons dated 3rd August 2023 under Order 53, Rule 1(1) and (2) of the Civil Procedure Rules seeking leave to apply for an order of mandamus directed at the County Secretary and the Chief Officer, Finance/County Treasurer of Nairobi City County, compelling them to pay decretal sums of Kshs 7,461,632.33 with accrued interest. The claim rested on a bill of costs taxed at Kshs 551,632.33, a certificate of taxation issued 30th June 2023, and a decree in ELC No. 555 of 2011 for Kshs 6,910,000 plus interest at 14%. The Respondent was duly served but filed no response. Wabwoto J framed a single issue: whether the application was merited. Relying on Section 13(7) of the Environment and Land Court Act empowering the Court to grant prerogative orders, the Court noted that a prior stay granted by Okong'o J on 3rd February 2022 required the deposit of Kshs 7,000,000 as security, default of which the stay would stand discharged. A further affidavit confirmed that no appeal was filed and no deposit was made, and the 12-month stay had lapsed before the application was filed. Considering the matter had been pending over a decade, the Court found the application merited and allowed it in terms of prayers 1(a), (b) and (c), ordering no costs.

Key legal issues

Whether leave to apply for an order of mandamus against county officials to satisfy a decretal sum should be granted

Holding

The application was merited and leave was granted; the decretal sums remained unpaid, the stay had lapsed, no appeal was filed and no security deposit was made

Reasoning

The court confirmed due service upon the Respondent, which chose not to participate. The supporting documents confirmed the decretal sum due. A prior stay granted by Okong'o J had lapsed after 12 months; no appeal was filed and the Kshs 7,000,000 security deposit was never made. Given the matter had been ongoing for over a decade, mandamus leave was the appropriate remedy.

p. 2

Legal principles established

Under Section 13(7) of the Environment and Land Court Act, the Court has power to make any order and grant any relief it deems fit and just, including prerogative orders and costs

Court orders

1.Leave granted to the Applicant to apply for an order of mandamus against the County Secretary and the Chief Officer, Finance/County Treasurer, Nairobi City County, in terms of prayers 1(a), (b) and (c) of the application dated 3rd August 2023
2.No orders as to costs

Authorities

Legislation

Civil Procedure RulesOrder 53, Rule 1(1) and (2)
Environment and Land Court ActSection 13(7)

Jurisdiction invoked: Order 53, Rule 1(1) and (2) of the Civil Procedure Rules; Section 13(7) of the Environment and Land Court Act

Key timeline

Practical implications

Frequently asked questions

Cite this brief

Caselaw, "Macharia v Nairobi City Council (Environment & Land Miscellaneous Case 2 of 2023) [2024] KEELC 1819 (KLR)", Case Analysis (2024). Chamber Summons Application dated 3rd August 2023 (arising from ELC No. 555 of 2011). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2024/1819/eng@2024-03-20

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