Automated Summary
Key Facts
The applicant, Ramlah Lali Bakari, filed a mandamus application on 13th July 2012 compelling the Permanent Secretary (Office of the President) to pay Kshs. 1,146,747.76 (including interest at 12% per annum) arising from a 1995 decree (Civil Suit No. 499 of 1991) against the Hon. Attorney General. The court ruled in favor of the applicant after noting the judgment had remained unpaid for over 16 years, issuing the mandamus as prayed and making no order on costs. The original 1996 certificate of order awarded Kshs. 138,088.10 plus interest from 1991.
Issues
The court considered an application for an order of mandamus compelling the Permanent Secretary (Office of the President) to pay Kshs. 1,146,747.76 (including interest and costs) arising from a 1995 decree in Civil Suit No. 499 of 1991 (Ramla Lali Bakari vs. Attorney General). The applicant sought enforcement of a long-outstanding judgment from 1996, which had remained unpaid for over 16 years despite settlement requests.
Holdings
- The court did not make an order regarding costs in this matter, despite the applicant's request for mandamus and the respondent's failure to oppose the application.
- The court issued an order of mandamus compelling the Permanent Secretary, Office of the President to pay Kshs. 1,146,747.76, including decretal sum, interest, and costs, as per the 1995 decree. The applicant's claim was satisfied due to the unopposed nature of the application and the longstanding outstanding judgment (over 16 years).
Remedies
The court issued an order of mandamus compelling the Permanent Secretary, Office of the President, to pay Kshs. 1,146,747.76 (decretal sum plus interest from 31st July, 1996 at 12% per annum and costs) to the applicant in satisfaction of the 1995 decree. No order on costs was made.
Monetary Damages
1146747.76
Legal Principles
The court applied judicial review principles to compel the government to fulfill a long-outstanding payment obligation, emphasizing the enforceability of legal duties against public officials through mandamus.
Judge Name
M. Odero
Passage Text
- I am satisfied of the merit of this application and I do issue orders of mandamus as prayed. No order on costs.
- In view of the fact that judgment was delivered in 1996, this matter has been left outstanding for over sixteen (16) years now.
- An order of mandamus do issue compelling the Interested Party herein being the Permanent Secretary, Office of the President to pay Kshs. 1,146,747.76 being the decretal sum plus interest thereon arising out of and calculated from the sum of Kshs. 187,059.40 (decretal sum) as at 31st July, 1996 accruing interest at the rate of 12% per annum interest and costs to the applicant in satisfaction of the decree issued on 30th October, 1995 in SENIOR RESIDENT MAGISTRATE'S COURT (MSA) CIVIL SUIT NO. 499 OF 1991 RAMLA LALI BAKARI VS. THE ATTORNEY GENERAL.