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ELRCAllowedJudicial Review Motion (Kisumu)· [2023] KEELRC 261 (KLR)

Republic v Commissioner General of Prisons & another; Cheruiyot (Exparte) (Judicial Review E014 of 2022) [2023] KEELRC 261 (KLR)

Employment and Labour Relations Court
8 February 2023
RSRadido Stephen
267 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~1 min to read original · ~4 min brief

The bottom line

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A Kenyan court ordered the prisons department to pay a former employee Kshs 546,000 plus interest after years of non-payment.

What this practically means

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Executive summary

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This was a judicial review motion brought by Musa Kiprono Cheruiyot, granted leave on November 22, 2022, against the Commissioner General of Prisons and the Public Service Commission. The motion sought enforcement of an unpaid judgment debt. The Court noted that it was undisputed that judgment of Kshs 546,000/- had been entered for the applicant in Kisumu Cause No 330 of 2016, Musa Kiprono Cheruiyot v Commissioner General of Prisons & Anor, and that the applicant had obtained a decree, a certificate of costs and a certificate of order against the government. Directions given on December 13, 2023 required the Respondents to file responses by January 10, 2023, but despite the presence of counsel from the Attorney General's office at the directions hearing, no responses were filed. The Respondents also did not formally come on record or file anything explaining their failure to satisfy the decree. In the absence of any opposition or explanation, the Court issued an order of mandamus directed at the 1st Respondent's Accounting Officer compelling payment of the decretal sum of Kshs 546,000/- together with interest, and awarded the ex-parte applicant the costs of the Motion. Judgment was delivered virtually, dated and signed in Kisumu on February 8, 2023 by Radido Stephen, Judge. The decision illustrates mandamus as the recognized remedy for enforcing judgments against government where a decree and certificates of order remain unsatisfied.

Key legal issues

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Enforcement of decree against the government by mandamus

Holding

Mandamus issued against the Accounting Officer to pay the decretal sum with interest

Reasoning

The Court found it undisputed that judgment of Kshs 546,000/- was entered in Kisumu Cause No 330 of 2016 and that the applicant obtained a decree, certificate of costs and certificate of order against the government. The Respondents filed no response to the Motion explaining non-compliance with the decree and certificates. On the undisputed material, the Court granted mandamus compelling the Accounting Officer to pay the decretal sum with interest.

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Legal principles established

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  • Mandamus lies to compel a government Accounting Officer to pay a judgment debt where the decree, certificate of costs and certificate of order against the government remain unsatisfied and unchallenged

Court orders

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  1. 1.An order of mandamus issued against the 1st Respondent's Accounting Officer compelling payment of the decretal sum of Kshs 546,000/- together with interest
  2. 2.Ex-parte applicant awarded costs of the Motion
Jurisdiction invoked
Judicial review jurisdiction (leave granted November 22, 2022) to enforce a decree against the government; underlies Kisumu Cause No 330 of 2016

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 Commissioner General of Prisons & another; Cheruiyot (Exparte) (Judicial Review E014 of 2022) [2023] KEELRC 261 (KLR)", Case Analysis (2023). Judicial Review Motion (Kisumu). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2023/261/eng@2023-02-08

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