Case law
Search tips: "exact phrase" · -exclude · land | property · negligen* · citations like [2023] KEHC 123
Division and case type: High Court DivJudicial Review
…is no discretion to withhold mandamus if no other remedy remains.…
…When there is no specific remedy, the court will grant a mandamus that justice may be done.…
Division and case type: High Court Judicial ReviewJudicial Review
…Republic [1997] KECA 58 (KLR), it was said, with respect to the relief of mandamus, 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…
…This court has always refused to issue a mandamus if there is another remedy open to the party seeking it.…
Division and case type: High Court CivilJudicial Review
…Aggrieved by the failure to pay the decretal sum, the Applicant instituted the present judicial review proceedings seeking an order of mandamus. C.…
…Legal Principles on Mandamus 13. The law on the remedy of mandamus is well settled. 14. Mandamus is a prerogative order issued to compel the performance of a public duty imposed by law. 15.…
Division and case type: High Court CivilJudicial Review
…The issue falling for determination is: Whether the Applicant has satisfied the conditions necessary for the grant of an order of mandamus compelling the Respondent to pay the decretal sum. The Law on Mandamus 12.…
…The scope of mandamus was explained in Kenya National Examinations Council v Republic ex parte Geoffrey Gathenji Njoroge & Others, where the Court of Appeal stated: “An order of mandamus will issue to compel a public body…
Division and case type: High Court Judicial ReviewJudicial Review
…Where a general duty is imposed, a mandamus cannot require it to be done at once.…
…Where a general duty is imposed, a mandamus cannot require it to be done at once.…
Division and case type: High Court Judicial ReviewJudicial Review Miscellaneous
…mandamus will lie on the application of a person interested to compel them to do so.…
…performance of the duty may apply to the Courts for an order of mandamus to enforce it.…
Division and case type: High Court Judicial ReviewJudicial Review
…This Court dismissed the preliminary objection and held that the Law reform Act which provides the basis for judicial review, including, mandamus, generally, did not prescribe a specific time limit for mandamus applications…
…The scope of an order of mandamus was discussed by the Court of Appeal in the case of Kenya National Examination Council vs.…
Division and case type: High Court Judicial ReviewJudicial Review Miscellaneous
…Where a general duty is imposed, a mandamus cannot require it to be done at once.…
…mandamus will lie on the application of a person interested to compel them to do so.…
Division and case type: High Court Judicial ReviewJudicial Review
…the substantive mandamus application.…
…I set aside that judgment striking out the mandamus notice of motion dated 9/3/2021.…
Division and case type: High Court CivilJudicial Review
…Mandamus Section 21(4) of the Government Proceedings Act prohibits execution or attachment against the government, making mandamus the only legal avenue for enforcement.…
…I therefore find that an order of mandamus is in principle available to enforce the decree herein. 2.…
Division and case type: High Court CivilJudicial Review
…The sole issue for determination is: Whether the Applicant has established grounds for the grant of an order of mandamus against the Respondent. 4. The Law on Mandamus 13.…
…The remedy of mandamus is a judicial review order issued to compel the performance of a public duty imposed by law. 14.…
Division and case type: High Court CivilJudicial Review
…Where a general duty is imposed, a mandamus cannot require it to be done at once.…
…Mandamus was also defined by Justice Matiro in R –vs- Principal Secretary Ministry of Internal Security and Anor parte Schow Noorani and Anor (2018) (eKLR thus: “Mandamus is an equitable remedy that serves the compel public…
Division and case type: High Court CriminalCriminal Miscellaneous Application
…Where a general duty is imposed, a mandamus cannot require it to be done at once.…
…Mandamus was also defined by Justice Matiro in R –vs- Principal Secretary Ministry of Internal Security and Anor parte Schow Noorani and Anor (2018) (eKLR thus: “Mandamus is an equitable remedy that serves the compel public…
Division and case type: High Court DivJudicial Review Miscellaneous
…that: “What is the scope and efficacy of an ORDER OF MANDAMUS ?…
…Where a general duty is imposed, a mandamus cannot require it to be done at once.…
Division and case type: High Court Judicial ReviewJudicial Review
…Determination The law governing the grant of the order of mandamus is well settled.…
…The Court in the above case further stated as follows on the remedy of mandamus: “12. Having said that, I now move to the substantive issues.…
Division and case type: High Court CivilJudicial Review
…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 offices…
…Counsel argued that seeking an order of mandamus cannot be equated with execution proceedings.…
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…
…The issues that arise for determination are; Whether the court should issue orders for Mandamus 16.…
Division and case type: High Court Judicial ReviewJudicial Review Miscellaneous
…Where a general duty is imposed, a mandamus cannot require it to be done at once.…
…mandamus will lie on the application of a person interested to compel them to do so.…
Division and case type: High Court Judicial ReviewJudicial Review
…The scope and nature of Mandamus was long settled in the case of R vs.…
…Where a general duty is imposed, a mandamus cannot require it to be done at once.…
Division and case type: High Court Judicial ReviewJudicial Review
…mandamus will lie on the application of a person interested to compel them to do so.…
…performance of the duty may apply to the Courts for an order of mandamus to enforce it.…