IN THE HIGH COURT OF KENYA AT NAIROBI JUDICIAL REVIEW NO. 301 OF 2016 IN THE MATER OF AN APPLICATION BY LT COL (RTD) RICHARD NCHAPI LEIYAGU FOR AN ORDER OF MANDAMUS AND IN THE MATTER OF PART IV OF THE GOVERNMENT PROCEEDINGS ACT AND IN THE MATER OF SECTION 7 & 9 OF THE LAW REFORM ACT AND IN THE MATTER OF ENFORCEMENT OF A DECREE OF THE EMPLOYMENT AND LABOUR RELATIONS COURT IN PETITION NO. 6 OF 213, NAIROBI AND CONSEQUENTIAL ORDERS REPUBLIC..........................................................................................APPLICANT VERSUS PRINCIPAL SECRETARY MINISTRY OF DEFENCE..........1ST RESPONDENT ATTORNEY GENERAL ……………....................................2ND RESPONDENT AND LT. COL (RTD) RICHARD NCHAPI LEIYAGU….THE EX-PARTE APPLICANT JUDGMENT 1. This court did on 15th July 2016 grant the exparte applicant leave to apply for Judicial Review orders of Mandamus to compel the respondents to settle decree in Industrial Court Nairobi Petition No. 6 of 2013 amounting to shs 9,957,862.08 inclusive of interest and costs. 2. The substantive motion was filed on 29th July 2016 within the 21 days stipulated in the order for leave.
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3. The substantive motion was served upon the respondents who appeared on 5th October 2016 and took this hearing date by consent while stating that they were working on payment of the decreed sum. 4. There is no replying affidavit to the application and neither is there evidence of payment of the decretal sum. 5. I have considered the notice of motion as supported by the statutory statement, verifying affidavit and the annextures. 6. I am satisfied that the applicant holds a valid decree of the court which has not been satisfied from 10th June 2015 despite requests as shown by correspondences. 7. In the premises, I am inclined to allow the judicial review application dated 28th July, 2016 and grant and I hereby issue the Judicial Review orders of Mandamus compelling the respondents to settle decree in Petition No. 6/2013 Industrial Court at Nairobi. 8. The said sums due to be settled within 90 days from the date hereof and in default, the applicant to file an appropriate application for contempt. Each party to bear costs of the judicial review proceedings. Dated, signed, and delivered at Nairobi this 23rd day of November, 2016. R.E. ABURILI JUDGE In the presence of: Miss Mugo for the exparte applicant Miss Gathoka for the respondents CA: Adline
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