REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT MOMBASA CONSTITUTIONAL & JUDICIAL REVIEW DIVISION JUDICIAL REVIEW NO. 28 OF 2019 IN THE MATTER OF: AN APPLICATION FOR THE JUDICIAL REVIEW ORDER OF MANDAMUS AND IN THE MATTER OF: THE GOVERNMENT PROCEEDINGS ACT AND IN THE MATTER OF: MOMBASA CMCC NO. 1794 OF 2013 (LUCY NDUTA NG’ANG’A VS. THE ATTORNEY GENERAL) BETWEEN LUCY NDUTA NG’ANG’A................................................................................APPLICANT AND 1. THE PRINCIPAL SECRETARY, MINISTRY OF INTERIOR AND COORDINATION OF GOVERNMENT 2. THE ATTORNEY GENERAL.................................................................RESPONDENTS RULING The Application 1. The Notice of Motion application before the Court is dated 4 th June, 2019. The application prays for the following orders: (1) An order of mandamus to compel the respondents to satisfy the decree issued on the 8 th of March, 2016 in MOMBASA CMCC NO. 1794 OF 2013 (LUCY NDUTA NG’ANG’A VS. THE ATTORNEY GENERAL) by paying to the applicant Kshs. 5,379,213, being the total decretal amount plus costs and accrued interest, together with the additional interest accrued thereon up to the date of full settlement of the decree. (2) Costs of the application. (3) Such further orders and reliefs that the Honourable Court may deem just and expedient to grant. 2. The application is supported by affidavit of Lucy Nduta Ng’ang’a sworn on 28 th May, 2019. 3. The application is not opposed. On 24th September, 2019 when the application came up for hearing Mr. Mwandeje for the Respondents informed the Court that they were not opposing the application but would require time to pay the Judgment debt. Determination
page 1 of 2
4. In the absence of opposition the application should be granted. I have also independently considered the application and I am satisfied that it is merited. I therefore grant the same with costs. Dated, Signed and Delivered in Mombasa this 8th day of October, 2019. E. K. O. OGOLA JUDGE In the presence of: Ms. Mwenja for Applicant Mr. Wachira for 1st Respondent Mr. Kaunda Court Assistant
page 2 of 2