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ELRCAllowedJudicial Review Application arising from Nakuru Cause No. 250 of 2013· [2015] KEELRC 1376 (KLR)
Republic v Principal Secretary, Ministry of Health & another Ex Parte Rashid Ndiema [2015] KEELRC 1376 (KLR)
Industrial Court of Kenya (Employment and Labour Relations Court)
27 February 2015
489 words in judgment
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·~2 min to read original · ~4 min briefThe bottom line
#What this practically means
#Executive summary
#Rashid Ndiema had obtained a judgment from Ongaya J on 9 May 2014 in Nakuru Cause No. 250 of 2013 against the Principal Secretary, Ministry of Health and the Attorney General, awarding him Kshs 811,112/- and costs in respect of retirement benefits, refund of house rent deductions, outstanding salary, special duty allowances and salary in lieu of notice. A decree was issued on 8 July 2014 together with a Certificate of Order to Government. When payment was not forthcoming despite service of the decree on 28 July 2014, the subject obtained leave from Ongaya J on 26 September 2014 to commence judicial review proceedings and on 16 October 2014 filed a motion seeking an order of mandamus compelling the Principal Secretary to satisfy the decree. The Respondents filed Grounds of Opposition, admitting service of the decree and Certificate but contending that there was no evidence they had declined payment, as the matter was being handled by the Ministry of Health. The court, satisfied that the Respondents had been served and had not paid some 7 months after service, allowed the motion and ordered mandamus to issue compelling the Principal Secretary to satisfy the decree, with costs of the motion to the subject. Judgment delivered in Nakuru on 27 February 2015 by Radido Stephen, Judge.
Key legal issues
#01
Whether mandamus should issue to compel satisfaction of an unsatisfied decree against the Principal Secretary, Ministry of Health
Holding
The motion was allowed and mandamus issued compelling the Principal Secretary to satisfy the decree.
Reasoning
The court considered the motion, supporting affidavit, statutory statement, Grounds of Opposition and submissions. It found the Respondents had been served with the Decree and Certificate of Order to Government on 28 July 2014 as admitted by the Respondents themselves, yet no payment had been made some 7 months after service. The Respondents' assertion that payment was being handled by the Ministry of Health did not excuse non-payment. Mandamus was therefore warranted to compel performance.
p. 2
Legal principles established
#- Where a government respondent is served with a decree and Certificate of Order to Government and fails to satisfy it, mandamus may issue to compel payment.
Court orders
#- 1.An order of mandamus do issue compelling the Principal Secretary, Ministry of Health to satisfy the decree issued in Nakuru Cause No. 250 of 2013, Rashid Ndiema v the Principal Secretary, Ministry of Health & Attorney General
- 2.The subject to have costs of the present motion
- Jurisdiction invoked
- Judicial review jurisdiction to compel performance of a statutory duty following leave granted under order of Ongaya J on 26 September 2014
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Republic v Principal Secretary, Ministry of Health & another Ex Parte Rashid Ndiema [2015] KEELRC 1376 (KLR)", Case Analysis (2015). Judicial Review Application arising from Nakuru Cause No. 250 of 2013. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2015/1376/eng@2015-02-27
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.