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ELRCAllowedJudicial Review Application arising from Nakuru Cause No. 250 of 2013· [2015] KEELRC 1386 (KLR)

Republic v Principal Secretary, Ministry of Health & Attorney General Ex Parte Rashid Ndiema [2015] KEELRC 1386 (KLR)

Employment and Labour Relations Court
27 February 2015
RSRadido Stephen
488 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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If a Kenyan government office ignores a court judgment you've won, a judge can order its accounting officer personally compelled to pay you.

What this practically means

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Executive summary

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The applicant, Rashid Ndiema, had obtained judgment before the Employment and Labour Relations Court at Nakuru in Cause No. 250 of 2013 against the Principal Secretary, Ministry of Health and the Attorney General, in which Ongaya J on 9 May 2014 awarded him Kshs 811,112/- and costs. A decree issued on 8 July 2014 together with a Certificate of Order to Government, and both were served on the Respondents on 28 July 2014. Despite demand, no payment was made and no appeal was preferred. After obtaining leave from Ongaya J on 26 September 2014, the applicant commenced judicial review proceedings on 16 October 2014 seeking an order of mandamus compelling the Principal Secretary to satisfy the judgment and decree. The Respondents filed Grounds of Opposition and submitted that there was no evidence they had declined to pay, as the issue was being handled by the Ministry of Health, and urged dismissal of the motion. Considering the motion, the supporting affidavit, the statutory statement, the Grounds of Opposition and submissions, Radido J found that the Respondents had been served with the decree and Certificate of Order to Government but had not made payment some seven months after service. The court allowed the motion and ordered that mandamus issue compelling the Principal Secretary, Ministry of Health to satisfy the decree in Cause No. 250 of 2013, with costs of the motion to the applicant. Judgment delivered at Nakuru on 27 February 2015.

Key legal issues

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01

Entitlement to mandamus to enforce a decree against a government entity

Holding

The court found the Respondents were served with the decree and Certificate of Order to Government but failed to pay some 7 months after service, and granted mandamus compelling the Principal Secretary to satisfy the decree.

Reasoning

The applicant obtained judgment of Kshs 811,112/- plus costs in Nakuru Cause No. 250 of 2013, and a decree and Certificate of Order to Government were issued and served on 28 July 2014. Despite service and the absence of any appeal, no payment was made. The Respondents argued there was no evidence of a refusal to pay, but the court was satisfied from the record that non-payment persisted months after service, justifying mandamus against the accounting officer.

p. 2

Legal principles established

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  • Where a government decree and Certificate of Order to Government have been served and payment is not made, the court may issue mandamus compelling the Principal Secretary to satisfy the decree.

Court orders

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  1. 1.An order of mandamus to 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. 2.The subject (applicant) to have costs of the present motion
Jurisdiction invoked
Judicial review jurisdiction of the Employment and Labour Relations Court, pursuant to leave granted by Ongaya J on 26 September 2014 to commence judicial review proceedings against the Respondents

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 Principal Secretary, Ministry of Health & Attorney General Ex Parte Rashid Ndiema [2015] KEELRC 1386 (KLR)", Case Analysis (2015). Judicial Review Application arising from Nakuru Cause No. 250 of 2013. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2015/1386/eng@2015-02-27

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