Republic v Clerk, County Assembly of Mombasa & 3 others; Khalid (Exparte Applicant) (Judicial Review Application E003 of 2023) [2024] KEELRC 1481 (KLR)
The bottom line
#The High Court ordered Mombasa County officials to pay a former employee Kshs. 13.4 million within 21 days after they ignored his court-awarded compensation.
What this practically means
#Executive summary
#Key legal issues
#Whether mandamus should issue to compel the respondents to satisfy the Certificates of Order against the Government
Mandamus issued unopposed; the applicant held valid Certificates of Order and the respondents, as accounting officers, had a statutory duty to pay under section 21(3) of the Government Proceedings Act.
The applicant had exhausted judicial process, obtaining a decree from the ELRC upheld by the Court of Appeal, and Certificates of Order against the Government dated 22 September and 18 September 2023. The respondents were served but neither attended nor responded. Section 21 of the Government Proceedings Act obliges the accounting officer to pay the certified amount with lawful interest. Mandamus is the means of compelling that statutory duty and safeguarding access to justice under Article 48. The court found the orders justified.
Legal principles established
#- Where a decree-holder is barred from executing against the Government, mandamus is the only remedy to compel the accounting officer to satisfy the decree.
- Mandamus proceedings against a public officer are not execution proceedings and do not render the officer personally liable.
- Where a statutory duty is cast on a public officer in his official capacity and owed to the public, any person with sufficient legal interest may apply for mandamus to enforce it.
Court orders
#- 1.Judgment entered for the ex parte applicant against the respondents, who are directed to satisfy the Certificate of Order against the Government dated 22 September 2023 for Kshs. 12,800,000 comprising the Decree dated 26 July 2018 in Mombasa ELRC Petition No. 342 of 2014 and the Court of Appeal judgment dated 25 September 2020
- 2.The respondents are directed to satisfy the Certificate of Order for Costs against the Government dated 18 September 2023 for Kshs. 604,913.33 comprising the Certificate of Costs dated 4 November 2021
- 3.Payment to be made within 21 days of the judgment and order
- 4.Costs of the proceedings to be borne by the respondents
- Jurisdiction invoked
- Judicial review jurisdiction in respect of public officers' statutory duties (mandamus), anchored on the Government Proceedings Act and Articles 48, 10 and 201(d) of the Constitution
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Republic v Clerk, County Assembly of Mombasa & 3 others; Khalid (Exparte Applicant) (Judicial Review Application E003 of 2023) [2024] KEELRC 1481 (KLR)", Case Analysis (2024). Judicial Review Application dated 26 January 2024. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2024/1481/eng@2024-03-14
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.