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ELRCPartially AllowedJudicial Review Application (Mandamus) arising from Cause No. 215 of 2014· [2018] KEELRC 1939 (KLR)

Cyrus Maina Njoroge v General Manager of Kenya Ports Authority & 2 others [2018] KEELRC 1939 (KLR)

Employment and Labour Relations Court
20 March 2018
JRJames Rika
358 words in judgment
View original judgmentRead on Kenya Law Watch case
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·~1 min to read original · ~4 min brief

The bottom line

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Kenya's Employment Court ordered KPA's principal officers personally to pay a former employee Kshs. 6.28 million after the State Corporation ignored a judgment for over a year.

What this practically means

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Executive summary

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The Applicant, Cyrus Maina Njoroge, a former employee of the Kenya Ports Authority, had obtained judgment in ELRC Cause No. 215 of 2014 delivered on 17th February 2017, awarding him Kshs. 4,985,345 as compensation for unfair termination, terminal benefits and general damages for malicious prosecution, together with costs later taxed and certified on 14th September 2017. More than a year after judgment, KPA had declined to satisfy the decree, and although it filed an application for stay of execution at the Court of Appeal, it failed to attend the hearing and the application was stood over generally; no stay was in place. The Applicant obtained leave on 7th November 2017 to apply for mandamus against the Principal Officers of KPA, and the substantive application was on 1st December 2017 agreed to be determined on the pleadings, affidavits, documents and submissions. The Court found the judgment undisputed, no stay of execution in place, the three Respondents the proper officers to be compelled, and the application fully merited. It issued an order of mandamus compelling the Respondents jointly and severally to pay Kshs. 6,289,223.33 due under the Cause, and made no order on the costs of the Judicial Review Application. Judgment was dated and delivered at Mombasa on 20th March 2018 by James Rika, Judge.

Key legal issues

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01

Existence of an unsatisfied judgment against KPA

Holding

The Court found that a judgment existed in favour of the Applicant in Cause No. 215 of 2014 awarding Kshs. 4,985,345 plus taxed costs, and that more than a year after delivery there were no orders staying execution

Reasoning

The parties did not dispute the judgment. The Applicant had been granted compensation for unfair termination, terminal benefits and general damages, and costs subsequently taxed with a Certificate of Costs issued on 14th September 2017. No stay of execution was in place; KPA's stay application at the Court of Appeal stood over generally after KPA failed to attend the hearing.

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02

Proper officers to be compelled by mandamus

Holding

The three Respondents, the Principal Officers of KPA, were the proper officers to be compelled to pay the decretal sum

Reasoning

The Applicant sought leave for mandamus against the Principal Officers of KPA, which was granted on 7th November 2017. On the pleadings, affidavits, documents and submissions, the Court was satisfied they were the proper officers against whom the mandamus should issue, the decree having remained unsatisfied against a State Corporation.

p. 2

Legal principles established

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  • Mandamus lies against principal officers of a State Corporation to compel payment of a decretal sum where the judgment remains unsatisfied after more than a year and no stay of execution is in place

Court orders

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  1. 1.An order of mandamus compelling the Respondents, jointly and severally, to pay the sum of Kshs. 6,289,223.33 due and owing on account of ELRC Cause No. 215 of 2014
  2. 2.No order on the costs of the Judicial Review Application
Jurisdiction invoked
Judicial review jurisdiction to compel public officers to satisfy a decree; leave granted on 7th November 2017 to apply for mandamus

Key timeline

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Practical implications

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Frequently asked questions

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Later judgments citing this (1)

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Judgments in the corpus that rely on this one. Where the Court said how it treated the authority, that is shown.

Cite this brief

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Cite this brief

Caselaw, "Cyrus Maina Njoroge v General Manager of Kenya Ports Authority & 2 others [2018] KEELRC 1939 (KLR)", Case Analysis (2018). Judicial Review Application (Mandamus) arising from Cause No. 215 of 2014. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2018/1939/eng@2018-03-20

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