Background and Introduction
1. By an application dated 23rd June 2025, the ex parte applicant substantially seeks an order of mandamus compelling the respondent, National Land Commission, to pay to the applicants a sum of Kshs 9,315,369.50 plus interest from 31st March 2025, being sums arising from a judgment of this Court entered on 14th February 2025, as per the Certificate of Taxation dated 31st January 2024. Despite being duly served and severally afforded an opportunity to respond, the respondent has neither filed a reply nor contested the application. It is however incumbent on this Court to review the evidence presented by the ex parte so as to ensure that the same meets the legal threshold.
Analysis and Determination
2. The rationale and justification for the order of mandamus is as stipulated in the Halbury's Law of England, 4th Edition. Vol. 7 p. 111 para 89 that:
"The order of mandamus is of most extensive remedial nature and is in form, a command issuing from the High Court of Justice, directed to any person, corporation or inferior tribunal, requiring him or them to do some particular thing therein specified which appertains to his or their office and is in the nature of a public duty. Its purpose is to remedy the defects of justice and accordingly it will issue, to the end that justice may be done, in all cases where there is a specific legal right and no specific legal remedy for enforcing that right and it may issue in cases where although there is an alternative legal remedy, yet that mode of redress is less convenient, beneficial and effectual."
3. In this case, the record speaks for itself. The ex parte applicant filed their Bill of Costs and consequently a ruling was delievered on 19th January 2024 and a received a Certificate of Taxation dated 31st January 2024 issued. Judgment was entered in favour of the ex parte applicant against the said Certificate of Taxation on 14th February 2024. All this time the respondent did not take part in the proceedings despite numerously being allowed an opportunity to appear and defend the process. Consequently, having obtained a decree which remains unsatisfied, the ex parte applicant filed the present application. Like has been the norm, the same has not been responded to neither has there been any appearance on behalf of the respondent.
4. It is common knowledge that execution against the Government is forbidden by virtue of section 25 of the Government Proceedings Act, Cap. 40, Laws of Kenya. Section 21(3) of the Government Proceedings Act, requires the Accounting Officer for the Government Department concerned to pay to the person entitled, the amount appearing on the Certificate of Costs together with interest if any, lawfully due thereunto, unless the court by order has suspended such payment. I have seen the Certificate of Costs issued on 20th March 2025. I have not been told that the payment to the ex parte applicant has been suspended.
Disposition
5. I therefore find merit in the application dated 23rd June 2025. Accordingly, a writ of mandamus is hereby issued, directed to the Secretary/CEO National Land Commission (the 1st respondent) and the Chairman National Land Commission (the 2nd respondent) compelling them to pay the Applicant the decretal sum delineated in the Certificate plus accrued interest until payment in full. The applicant shall have the costs of the application.
1. By an application dated 23rd June 2025, the ex parte applicant substantially seeks an order of mandamus compelling the respondent, National Land Commission, to pay to the applicants a sum of Kshs 9,315,369.50 plus interest from 31st March 2025, being sums arising from a judgment of this Court entered on 14th February 2025, as per the Certificate of Taxation dated 31st January 2024. Despite being duly served and severally afforded an opportunity to respond, the respondent has neither filed a reply nor contested the application. It is however incumbent on this Court to review the evidence presented by the ex parte so as to ensure that the same meets the legal threshold.
Analysis and Determination
2. The rationale and justification for the order of mandamus is as stipulated in the Halbury's Law of England, 4th Edition. Vol. 7 p. 111 para 89 that:
"The order of mandamus is of most extensive remedial nature and is in form, a command issuing from the High Court of Justice, directed to any person, corporation or inferior tribunal, requiring him or them to do some particular thing therein specified which appertains to his or their office and is in the nature of a public duty. Its purpose is to remedy the defects of justice and accordingly it will issue, to the end that justice may be done, in all cases where there is a specific legal right and no specific legal remedy for enforcing that right and it may issue in cases where although there is an alternative legal remedy, yet that mode of redress is less convenient, beneficial and effectual."
3. In this case, the record speaks for itself. The ex parte applicant filed their Bill of Costs and consequently a ruling was delievered on 19th January 2024 and a received a Certificate of Taxation dated 31st January 2024 issued. Judgment was entered in favour of the ex parte applicant against the said Certificate of Taxation on 14th February 2024. All this time the respondent did not take part in the proceedings despite numerously being allowed an opportunity to appear and defend the process. Consequently, having obtained a decree which remains unsatisfied, the ex parte applicant filed the present application. Like has been the norm, the same has not been responded to neither has there been any appearance on behalf of the respondent.
4. It is common knowledge that execution against the Government is forbidden by virtue of section 25 of the Government Proceedings Act, Cap. 40, Laws of Kenya. Section 21(3) of the Government Proceedings Act, requires the Accounting Officer for the Government Department concerned to pay to the person entitled, the amount appearing on the Certificate of Costs together with interest if any, lawfully due thereunto, unless the court by order has suspended such payment. I have seen the Certificate of Costs issued on 20th March 2025. I have not been told that the payment to the ex parte applicant has been suspended.
Disposition
5. I therefore find merit in the application dated 23rd June 2025. Accordingly, a writ of mandamus is hereby issued, directed to the Secretary/CEO National Land Commission (the 1st respondent) and the Chairman National Land Commission (the 2nd respondent) compelling them to pay the Applicant the decretal sum delineated in the Certificate plus accrued interest until payment in full. The applicant shall have the costs of the application.