Case law
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Division and case type: High Court Judicial ReviewJudicial Review
…Court be pleased to grant the Applicant an order of MANDAMUS compelling the respondent and its MINISTER OF FINANCE and/or the ACCOUNTING OFFICER IN CHARGE OF THE RESPONDENT'S TREASURY and MONEY in the Respondent's COUNTY…
…According to the Applicant, it is only the order of mandamus that can compel the Respondent to pay the amount due & owing to the Applicant, with interests and costs. 5.…
Division and case type: High Court Judicial ReviewJudicial Review
…It is contended that a formal Decree of Order of Mandamus was issued by this Court on 5th October 2018 but despite service of the Decree of the Order of Mandamus endorsed with notice of penal consequences and demand letters…
…for settlement of the Decree of Order of Mandamus on the office bearers of the respondent since 2018 including the present holder Hon.…
Division and case type: High Court Judicial ReviewJudicial Review
…It is settled law that before an order of mandamus is issued, an Applicant must abide by the procedure in Section 21 of Government Proceedings Act which provides: “(1) Where in any civil proceedings by or against the Government…
…The circumstances under which judicial review order of mandamus are issued were discussed in the case Republic v Kenya National Examinations Council Ex Parte Gathenji & 8 Others Civil Appeal No 234 of 1996, where the Court…
Division and case type: High Court Judicial ReviewJudicial Review
…The subject judgment and Decree of the Order of Mandamus herein have never been appealed against or set aside. Counsel for the respondent was present when the judgment of the Order of Mandamus was delivered. 8.…
…Order of Mandamus. 16.…
Division and case type: High Court CivilJudicial Review Miscellaneous
…service of the order of mandamus and failing to show sufficient cause for non-compliance with the orders of mandamus, the Applicant be at liberty to commence contempt of court proceedings against the persons holding the…
…Additionally, the Applicant has fully met the requirements to be granted an order of mandamus compelling the Respondents to pay the decretal sum forthwith. 14.…
Division and case type: High Court Judicial ReviewJudicial Review Miscellaneous
…The Exparte Applicant moved to court to seek leave for an Order of Mandamus and leave was granted on 25th January 2024. 9.…
…The Administrator of the Estate of Mulwa Nzioka (Deceased) [2021] eKLR which sets out the test for granting an order of Mandamus.…
Division and case type: High Court Judicial ReviewJudicial Review Miscellaneous
…of mandamus in JR.…
…Unlike in other civil proceedings, where decrees for the payment of money or costs had been issued against the Government in favour of a litigant, the said decree can only be enforced by way of an order of mandamus compelling…
Division and case type: High Court Judicial ReviewJudicial Review
…The application before this Court is the Notice of Motion dated 13th May, 2024 wherein the Applicant seeks the following orders: 1) An Order of mandamus be and is hereby issued to compel the 1st and 2nd Respondents to pay…
…an Order of Mandamus. 7) The Application as filed and prayers sought therein are unmeritorious, an abuse of the Court process and should be dismissed with costs to the 2nd Respondent 5.…
Division and case type: High Court Judicial ReviewJudicial Review Miscellaneous
…The applicant through the Application dated 20th April, 2023 seeks; 1) An Order of Mandamus directed at the Respondent compelling him to pay to the Applicant the sum of decretal sum of Kshs. 3,114,000/= and interest thereon…
…Vol. 7 p. 111 para 89 thus: “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…
Division and case type: High Court Judicial ReviewJudicial Review
…The application that comes up for determination is the Notice of Motion dated 20th June 2024 wherein the Applicant seeks the following orders; 1) An order of Mandamus do issue compelling the Respondent to pay the Ex-Parte…
…Application No. 40 of 2000 that; “The purpose of an order of mandamus is to compel the performance of a public duty or any act contrary to or evasive of the law.…
Division and case type: High Court Judicial ReviewJudicial Review
…The Applicant moved this Honourable court by way of Notice of Motion application dated 17th April, 2008, seeking an Order of Mandamus directing the Respondents to make good of the decretal sums owing in full, which at the…
…On 5th December, 2011, the court issuing an Order of Mandamus compelling the Respondents herein to pay the decretal sum together with the interest accrued in full. 4.…
Division and case type: High Court Judicial ReviewJudicial Review Miscellaneous
…OF MANDAMUS?…
…of mandamus to enforce it.…
Division and case type: High Court Judicial ReviewJudicial Review
…Unlike in other civil proceedings, where decrees for the payment of money or costs had been issued against the Government in favour of a litigant, the said decree can only be enforced by way of an order of mandamus compelling…
…of mandamus to enforce it.…
Division and case type: High Court Judicial ReviewJudicial Review
…It is the Applicant’s case that an Order of Mandamus was issued on 13th February, 2024.A Certificate of Order against the Government was extracted and served upon the Respondents on 17th May, 2024.The decretal amount remains…
…The only remedy available to such a person is to institute Judicial Review Proceedings and seek an Order of Mandamus to compel the Government to settle the Decree in question...…
Division and case type: High Court Judicial ReviewJudicial Review
…The decree remains unpaid as a result of which The Ex-Parte Applicant filed the application dated 15 December 2023 seeking a grant of the order of mandamus by way of Judicial Review to compel the Respondents to comply with…
…of mandamus to enforce it.…
Division and case type: High Court Judicial ReviewJudicial Review
…The application that is before this court for determination is the notice of motion dated 27th November 2023 wherein the applicant is seeking for an order of Mandamus to issue to compel the Respondents to pay to the Applicants…
…They mean that an order of mandamus will compel the performance of a public duty which is imposed on a person or body of persons by a statute and where that person or body of persons has failed to perform the duty to the…
Division and case type: High Court Judicial ReviewJudicial Review Miscellaneous
…The Respondent be and is hereby ordered to comply by satisfying the Decree, costs and interest in ELC No. 8 of 2015 within fourteen (14) days from the date of service of the order of mandamus. 3.…
…The scope of an Order of Mandamus was discussed in the Court of Appeal case of Republic -vs- Kenya National Examination Council ex-parte Gatheni & other [1997] eKLR where the court stated that;- “The order of mandamus is…
Division and case type: High Court Judicial ReviewJudicial Review
…The application that is before this court for determination is the one dated 25.1.25 wherein the applicant seeks the following orders: - 1) That the Honourable court be pleased to issue an order of mandamus directed to the…
…Unlike in other civil proceedings, where decrees for the payment of money or costs had been issued against the Government in favour of a litigant, the said decree can only be enforced by way of an order of mandamus compelling…
Division and case type: High Court Judicial ReviewJudicial Review Miscellaneous
…That an order of Mandamus to compel the Respondent herein to satisfy the judgment and decree of the Chief Magistrate''s Court at Nairobi given on 26th August 2022 by Honourable Mr. H.…
…Whether the Applicant is entitled to the order of Mandamus. 8.…
Division and case type: High Court Judicial ReviewJudicial Review Miscellaneous
…Justice Anthony Ndungu with regards to the Application dated 23rd November, 2020 in the following terms: a) An order of mandamus be directed to the Principal Secretary of the Ministry of Defence as the Accounting Officer…
…It is further the applicant's case that the only means to recover a debt owed from the Government is to apply for an order of mandamus compelling the accounting officer in the relevant Ministry to pay the decretal amount…