Automated Summary
Key Facts
Ramla Lali Bakari filed an application for an order of mandamus in 2012 to compel the Permanent Secretary of the Office of the President to pay Kshs. 1,146,747.76 (decretal sum plus interest) arising from a 1991 civil suit (SRMC (Mombasa) Civil Suit No. 499 of 1991) against the Hon. Attorney General. The original decree, issued on 30 October 1995, awarded Kshs. 187,059.40 with 12% annual interest from 1 July 1991. Despite a 1996 certificate of order and multiple unanswered settlement requests, the payment remained outstanding for over 16 years. The court ruled in favor of the applicant, issuing the mandamus as requested, with no costs ordered.
Issues
The court considered whether to issue an order of mandamus compelling the Permanent Secretary of the Office of the President to pay Kshs. 1,146,747.76 (including interest at 12% per annum from 1991) to the applicant in satisfaction of a 1995 decree. The matter involved a 16-year delay in payment following a judgment awarded in 1996, with the applicant seeking enforcement of the outstanding sum after unanswered settlement requests.
Holdings
The court granted the application for an order of mandamus, compelling the Permanent Secretary, Office of the President, to pay the decretal sum of Kshs. 1,146,747.76 (including interest at 12% per annum from 1996) as awarded in the 1995 decree arising from Civil Suit No. 499 of 1991. The ruling confirmed the applicant's entitlement to the sum after 16 years of unfulfilled judgment.
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) to the applicant in satisfaction of the 1995 decree.
Legal Principles
The court issued an order of mandamus compelling the Permanent Secretary to pay Kshs. 1,146,747.76 (decretal sum plus interest) arising from a 1995 decree. This falls under judicial review principles for enforcing public law obligations.
Precedent Name
RAMLA LALI BAKARI VERSUS THE HON. ATTORNEY GENERAL
Judge Name
M. Odero
Passage Text
- 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.
- I have perused the certificate of order against the Government issued on 31st July, 1996 (Annexture 'RLB002') which awarded the applicant a sum of Kshs. 138,088.10 together with interest thereon from 1st July, 1991 until payment in full.
- I am satisfied of the merit of this application and I do issue orders of mandamus as prayed. No order on costs.