Republic v Chief Officer, Ministry of Transport and Infrastructure Vihiga County Government & 2 others Exparte Afuma Limited; Attorney-General (Interested Party) Case Summary

Court
High Court of Kenya at Kakamega
Category
Civil
Judge(s)
Justice W. Musyoka
Judgment Date
October 16, 2020
Country
Kenya
Document Type
PDF
Number of Pages
3
Explore the case summary of Republic v Chief Officer, Ministry of Transport and Infrastructure, highlighting key legal insights and implications involving Afuma Limited and the Attorney-General as an interested party.

Case Brief: Republic v Chief Officer, Ministry of Transport and Infrastructure Vihiga County Government & 2 others Exparte Afuma Limited; Attorney-General (Interested Party)

1. Case Information:
- Name of the Case: Republic v. The Chief Officer, Ministry of Transport and Infrastructure, Vihiga County Government & Others
- Case Number: Judicial Review No. 10 of 2020
- Court: High Court of Kenya at Kakamega
- Date Delivered: October 16, 2020
- Category of Law: Civil
- Judge(s): Justice W. Musyoka
- Country: Kenya

2. Questions Presented:
The central legal issues in this case revolve around whether the ex parte applicant, Afuma Limited, has complied with the necessary legal requirements to warrant the issuance of a mandamus order compelling the respondents to pay a monetary decree. Specifically, the court must determine if the applicant secured a certificate of order against the government as mandated by the Government Proceedings Act.

3. Facts of the Case:
The ex parte applicant, Afuma Limited, successfully prosecuted a suit in Vihiga RMCCC No. 74 of 2017, resulting in a monetary decree against the County Government of Vihiga. The applicant sought to enforce this decree, which amounted to Kshs. 2,175,272.60, including accrued interest, through judicial review proceedings. The applicant notified the respondents of the decree, but the payment had not been settled, prompting the initiation of this case. The supporting affidavit was sworn by Johnstone George Ombasyi, whose relationship with Afuma Limited was not disclosed.

4. Procedural History:
The ex parte applicant filed a Motion on July 7, 2020, seeking a mandamus order. The Motion was served on the respondents and the interested party, the Attorney-General. The court had previously granted leave for these proceedings in a separate application (Kakamega HC Miscellaneous Civil Application No. 14 of 2020). However, the court ultimately found that the applicant had not complied with the necessary legal requirements for mandamus relief.

5. Analysis:
- Rules: The relevant statute is the Government Proceedings Act, Cap 40, Laws of Kenya, particularly Section 21, which outlines the procedure for issuing a certificate of order against the government, a prerequisite for enforcing a decree against a government entity.
- Case Law: The court referenced several cases, including *Permanent Secretary Office of the President Ministry of Internal Security & Another ex parte Nassir Mwadhihi (2014) eKLR*, which emphasized the necessity of obtaining a certificate of order against the government before seeking enforcement through mandamus. Additionally, *Republic vs. County Secretary Migori County Government & another [2019] eKLR* reiterated the importance of strict compliance with the Government Proceedings Act.
- Application: The court concluded that the ex parte applicant failed to obtain and serve the required certificate of order against the government. Without this certificate, the government had no statutory duty to satisfy the decree, rendering the application for mandamus premature and invalid.

6. Conclusion:
The court struck out the Motion dated July 7, 2020, due to the applicant's non-compliance with legal requirements. This decision underscores the critical procedural safeguards in place for enforcing judgments against government entities, emphasizing the necessity of adhering to the Government Proceedings Act.

7. Dissent:
There were no dissenting opinions noted in this case.

8. Summary:
The High Court of Kenya ruled against Afuma Limited in its attempt to compel the Vihiga County Government to pay a monetary decree. The court's decision highlighted the importance of procedural compliance in judicial review proceedings, particularly concerning the issuance of a certificate of order against the government, which is essential for enforcing monetary judgments against government entities. The ruling serves as a reminder of the procedural rigor required in similar cases, impacting future litigants seeking to enforce decrees against governmental bodies.

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