I have considered the chamber summons dated 12/02/2025, the grounds, verifying affidavit, the statement of facts and annexures thereto, all under certificate of urgency.
I do not find any urgency involved. I decline to certify it as urgent. On the main prayers, the applicant seeks leave of this court to apply for Judicial Review Orders of Mandamus to compel the Respondents, postmaster General and postal corporation of Kenya to settle decree in NRB HCCC No. 527/2011, being KShs. 6,411,784.50 and 1,142,011.90 respectively.
Decree was issued on 17/04/2020 which costs were assessed on 21/12/2021. The applicant attempted to recover the decretal sum plus the costs in the judgment file but due to a legal technicality espoused in Section 25 of the Postal Corporation Act which prohibits Execution by way of attachment of the Respondents property, the Execution process failed. In the annexed documents including affidavits filed by the Respondents, they are pretty aware of the decree and they even proposed to settle the decree in installments of KShs. 1,000,000 monthly on account of financial difficulties. The decree has not been settled.
Accordingly, I am satisfied that the application for leave to apply for Mandamus is merited. It is hereby allowed as prayed. Leave is hereby granted to apply for Judicial Review orders of Mandamus to issue compelling the Respondents to settle decree with costs and interest in Milimani HCCC 527/2011 Wilken Communications Limited VS. Postal Corporation Kenya, totaling KShs. 7,553,796.40. The substantive Notice of Motion to be filed and served within 10 days of today’s date in a separate file. Each party to bear its own costs of this application. This file is closed.
I do not find any urgency involved. I decline to certify it as urgent. On the main prayers, the applicant seeks leave of this court to apply for Judicial Review Orders of Mandamus to compel the Respondents, postmaster General and postal corporation of Kenya to settle decree in NRB HCCC No. 527/2011, being KShs. 6,411,784.50 and 1,142,011.90 respectively.
Decree was issued on 17/04/2020 which costs were assessed on 21/12/2021. The applicant attempted to recover the decretal sum plus the costs in the judgment file but due to a legal technicality espoused in Section 25 of the Postal Corporation Act which prohibits Execution by way of attachment of the Respondents property, the Execution process failed. In the annexed documents including affidavits filed by the Respondents, they are pretty aware of the decree and they even proposed to settle the decree in installments of KShs. 1,000,000 monthly on account of financial difficulties. The decree has not been settled.
Accordingly, I am satisfied that the application for leave to apply for Mandamus is merited. It is hereby allowed as prayed. Leave is hereby granted to apply for Judicial Review orders of Mandamus to issue compelling the Respondents to settle decree with costs and interest in Milimani HCCC 527/2011 Wilken Communications Limited VS. Postal Corporation Kenya, totaling KShs. 7,553,796.40. The substantive Notice of Motion to be filed and served within 10 days of today’s date in a separate file. Each party to bear its own costs of this application. This file is closed.