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ELRCAllowedELRCC No. 450 of 2011 (Mandamus Application, Notice of Motion dated 21.3.2017)· [2018] KEELRC 1726 (KLR)

Samuel Kaberere Njenga v Attorney General & another [2018] KEELRC 1726 (KLR)

Employment and Labour Relations Court
19 June 2018
OMOnesmus N. Makau
411 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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Kenya's Employment Court ordered the Attorney General to pay a judgment debt of over Kshs.1.4 million, confirming government must honour court decrees.

What this practically means

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Executive summary

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This was an unopposed notice of motion seeking an order of mandamus to compel the second respondent, the Attorney General, to satisfy a judgment debt arising from the court's earlier judgment in ELRCC No. 450 of 2011/2013, Dr. Samuel Kaberere Njenga v Attorney General, in which the applicant obtained a decree and certificate of costs totalling Kshs.1,427,537.54. A Certificate of Order against the Government was issued on 16th June 2016 and served on the respondents on 22nd and 23rd June 2016. Leave to apply for mandamus was granted on 13th March 2017, the main motion was filed on 30th March 2017, and the application, though served, was unopposed and was disposed of by written submissions highlighted on 9th April 2018. The court framed a single issue: whether the order of mandamus sought should issue. Finding no dispute that the decreed sum remained unpaid and that the decree had never been impugned or stayed, and having considered the decree, the certificate of order against the Government and the applicant's demand letter, the court held the application merited. It emphasised that court orders and decrees must be complied with, that they are not mere suggestions or recommendations, and that defiance is against public interest and unconstitutional. The court granted the order of mandamus as prayed, compelling payment of the decreed sum plus interest at 12% from 7th February 2013 until payment in full.

Key legal issues

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Whether mandamus should issue to compel payment of an unsatisfied decree against the Government

Holding

Mandamus was merited; the applicant's decree and Certificate of Order against the Government were undisputed, unimpugned and unpaid

Reasoning

The court found no dispute that judgment was entered in the applicant's favour, that a Certificate of Order against the Government was issued and served, and that the decreed sum remained unpaid despite not being impugned or stayed. Considering the decree, the certificate and the demand letter, the court held compliance with court orders is mandatory and granted the order of mandamus as prayed.

p. 2

Legal principles established

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  • Court orders and decrees are binding and must be complied with; defiance is against public interest and unconstitutional

Court orders

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  1. 1.Order of mandamus granted as prayed in the Notice of Motion dated 21.3.2017, compelling payment of the decreed sum of Kshs.1,427,537.54 plus interest at 12% from 7.2.2013 until payment in full
Jurisdiction invoked
Leave granted to apply for an order of mandamus to compel payment of a judgment debt against the Government (Certificate of Order against the Government under the Government Proceedings Act regime)

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, "Samuel Kaberere Njenga v Attorney General & another [2018] KEELRC 1726 (KLR)", Case Analysis (2018). ELRCC No. 450 of 2011 (Mandamus Application, Notice of Motion dated 21.3.2017). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2018/1726/eng@2018-06-19

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