Republic v Principal Secretary, Ministry of Interior and Co-ordination of National Government & another Ex Parte Lilian Nini Kangara [2020] eKLR Case Summary

Court
High Court of Kenya at Nairobi
Category
Civil
Judge(s)
P. Nyamwea
Judgment Date
October 06, 2020
Country
Kenya
Document Type
PDF
Number of Pages
3
Explore the case summary of Republic v Principal Secretary, Ministry of Interior and Co-ordination of National Government & another Ex Parte Lilian Nini Kangara [2020] eKLR, analyzing key legal principles and outcomes.

Case Brief: Republic v Principal Secretary, Ministry of Interior and Co-ordination of National Government & another Ex Parte Lilian Nini Kangara [2020] eKLR

1. Case Information:
- Name of the Case: Republic v. The Principal Secretary, Ministry of Interior and Coordination of National Government & The Attorney General
- Case Number: Judicial Review Miscellaneous Application No. 274 of 2018
- Court: High Court of Kenya
- Date Delivered: 6th October 2020
- Category of Law: Civil
- Judge(s): P. Nyamwea
- Country: Kenya

2. Questions Presented:
The central legal issues presented to the court were:
1. Whether the 1st Respondent has a legal duty and obligation to satisfy the decree and orders issued in favor of the ex parte Applicant.
2. If so, whether the ex parte Applicant is entitled to the relief sought through the application for mandamus.

3. Facts of the Case:
The ex parte Applicant, Lilian Nini Kangara, was the Plaintiff in a prior civil case (Milimani Chief Magistrates Civil Case No. 7250 of 2014) where she won a judgment against Joseph Gathonga and the Attorney General, which awarded her Kshs 6,077,834.10 in damages. The liability was apportioned equally between the two defendants. Following the judgment, Kangara sought to enforce the decree by filing a judicial review application to compel the 1st Respondent, the Principal Secretary of the Ministry of Interior, to pay her Kshs 3,241,135.45, which represented her entitlement from the awarded damages. Despite several reminders, the 1st Respondent failed to make the payment.

4. Procedural History:
Kangara filed her judicial review application on 18th July 2018. The Respondents did not respond to the application despite being duly served. The court directed that the application be canvassed through submissions. The ex parte Applicant's counsel argued that under Section 21(1) of the Government Proceedings Act, the 1st Respondent was legally obligated to settle the judgment amount. The court ultimately struck out the application, determining that the necessary procedural steps had not been followed.

5. Analysis:
Rules:
The court considered Section 21 of the Government Proceedings Act, which outlines the procedure for enforcing court orders against the government. It mandates that a certificate of order be issued and served on the Attorney General before any payment can be demanded from the government.

Case Law:
The court referenced previous rulings, including *Republic v. Permanent Secretary, Ministry of State for Provincial Administration and Internal Security* (2012) eKLR, which established that execution against the government can only occur through an order of mandamus directed at the accounting officer. The case *Republic v. Kenya National Examinations Council ex parte Gathenji* (1997) eKLR was also cited for its discussion on the nature and scope of mandamus.

Application:
The court found that while Kangara had received a favorable judgment, she had not complied with the procedural requirements outlined in the Government Proceedings Act, specifically failing to obtain and serve a certificate of order against the government. Therefore, the application for mandamus was deemed premature and subsequently struck out.

6. Conclusion:
The court ruled that the ex parte Applicant's application for mandamus was struck out due to non-compliance with the procedural requirements set forth in the Government Proceedings Act. The court emphasized that Kangara could initiate fresh proceedings after fulfilling the necessary conditions.

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

8. Summary:
The High Court of Kenya in *Republic v. The Principal Secretary, Ministry of Interior and Coordination of National Government & The Attorney General* struck out the ex parte Applicant's application for mandamus due to failure to comply with procedural requirements of the Government Proceedings Act. This case underscores the importance of adhering to statutory procedures when seeking to enforce judgments against the government, highlighting the limitations placed on individuals in such circumstances.

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