Republic v The Permanent Secretary Ministry of Defence & 2 others

IN THE HIGH COURT AT NAIROBI MILIMANI LAW COURTS JUDICIAL REVIEW DIVISION MISC. CIVIL APPL. NO. 118 OF 2007 BETWEEN REPUBLIC …………………………………..……..........................…APPLICANT AND THE PERMANENT SECRETARY MINISTRY OF DEFENCE…….RESPONDENT EXPARTE DANIEL KUNGU KIMANI JUDGMENT 1. The matter before the court is a Notice of Motion dated 9th May 2007 in which the ex-parte applicant seeks an order of mandamus directing the respondent, the Principal Secretary in the Ministry of Defence to pay and settle the decretal sum arising from a judgment and decree of the Milimani Chief Magistrate’s Court in CMCC No. 4345 of 1996 (Daniel Kimani v Attorney General) where the applicant was awarded the sum of Kshs.308,281/= being damages and costs by a judgment and decree delivered on 31st March 2000. The amount accrues interest at 12% per annum from 31st March 2000. 2. This matter has been dismissed twice and reinstated and I believe that the applicant has been rather tardy in prosecuting the application. In the circumstances, I shall grant the State a rebate on interest and the interest thereon from the decree shall accrue from 31 st March 2000 for a period of two years only. Credit shall be given for the sum of Kshs.317,544.10 already paid on 22 nd April 2002. 3. In the meantime I assess costs of this application at Kshs. 35,000/= only to obviate further delay in resolution of the matter. 4. In the circumstances, I make the following order; 1. An order of mandamus be and is hereby issued directing the applicant to pay the sum of Kshs. 308,281/= together with interest thereon at 12% per annum accruing from 31 st March

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