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ELRCAllowedJudicial Review Application (Notice of Motion dated 18th November, 2021)· [2022] KEELRC 1548 (KLR)

Republic v Principal Secretary-State Department, Ministry of Interior and Coordination of National Government; Rono (Exparte) (Judicial Review E006 of 2021) [2022] KEELRC 1548 (KLR)

Employment and Labour Relations Court (judicial review jurisdiction)
9 June 2022
HWHellen Wasilwa
1,514 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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Kenyan courts can force government officials to pay stalled judgment debts through mandamus when the state admits owing money but delays payment without budgetary justification.

What this practically means

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Executive summary

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The Ex-Parte Applicant, the successful claimant in Nakuru ELRC Cause No. 403 of 2014, obtained judgment on 11th November 2016, together with a decree, certificate of costs and a certificate of Order against the Government, all of which were served. The decretal sum remained unsatisfied and stood at Kshs. 2,182,466/= inclusive of interest as at 8th January 2021. He moved the Court by a Notice of Motion dated 18th November 2021 under Order 53 Rules 3 & 4 of the Civil Procedure Rules and Sections 9 and 11(1)(f) of the Fair Administrative Actions Act, seeking mandamus to compel the Principal Secretary – State Department of Interior and Coordination of National Government to settle the decretal sum, interest and costs. The Attorney General opposed through grounds of opposition, contending that the government had competing budgetary interests, that it was willing to pay once funds were allocated and approved, and that the application was incompetent and an abuse of process. The Ex-Parte Applicant filed submissions relying on two authorities on mandamus against government officials; the Respondent filed none. The Court found that the Respondents admitted owing the amount, gave no explanation for six years of inordinate delay, and had not shown the claim was catered for in any budget. Wasilwa J allowed the application and granted mandamus directing the Principal Secretary to pay Kshs. 2,182,466/= inclusive of interest as at 8th January 2021, plus interest at 12% on the principal until payment in full, with costs of the application borne by the Respondent.

Key legal issues

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Whether mandamus should issue to compel payment of a judgment debt against the government

Holding

Mandamus issued because the respondents admitted the debt, offered no explanation for over six years of delay, and did not show the judgment claim had been catered for in any budget

Reasoning

The court found that the respondents' grounds of opposition admitted the debt and that their only defence was budgetary constraints and willingness to pay once funds are allocated. The court held that the delay of six years since the 2016 judgment was inordinate, and no indication was given that the claim had been budgeted for or when payment would be made. Mandamus was therefore the appropriate remedy to enforce the decree against the government.

p. 4

Legal principles established

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  • Where the respondent admits owing a decretal sum but delays payment on budgetary grounds without demonstrating that provision has been made, mandamus lies to compel the accounting officer to pay

Court orders

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  1. 1.An order of mandamus to compel the Principal Secretary – State Department of Interior & Coordination of National Government to settle the decretal sum of Kshs. 2,182,466/= inclusive of interest as at 8th January, 2021
  2. 2.Interest at 12% calculated on the principal as at 8th January, 2021 till payment in full
  3. 3.Costs of the application to be borne by the respondent

Authorities

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Legislation

  • Civil Procedure RulesOrder 53 Rules 3 & 4
  • Fair Administrative Actions ActSections 9 and 11(1)(f)

Cases cited (2)

  • Republic v County Government of Nakuru & Another Ex-Parte James Mwangi Muraya
    [2021] eKLR
  • Republic v Chief Officer Department of Trade Industry, Tourism and Entrepreneurship County Government of Vihiga and Another Ex parte Galexon Kenya Limited
    [2020] eKLR
Jurisdiction invoked
Order 53 Rules 3 & 4 of the Civil Procedure Rules; Sections 9 and 11(1)(f) of the Fair Administrative Actions Act

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-State Department, Ministry of Interior and Coordination of National Government; Rono (Exparte) (Judicial Review E006 of 2021) [2022] KEELRC 1548 (KLR)", Case Analysis (2022). Judicial Review Application (Notice of Motion dated 18th November, 2021). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2022/1548/eng@2022-06-09

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