Republic v Cabinet Secretary For Ministry of Defence & another; Ex-parte Applicant:John Cheruiyot Rono [2020] eKLR Case Summary

Court
High Court of Kenya at Nairobi
Category
Civil
Judge(s)
P. Nyamweya
Judgment Date
September 28, 2020
Country
Kenya
Document Type
PDF
Number of Pages
3
Explore the 2020 case summary of Republic v Cabinet Secretary for Ministry of Defence & another; Ex-parte Applicant: John Cheruiyot Rono. Discover key legal insights and implications of this significant ruling in eKLR.

Case Brief: Republic v Cabinet Secretary For Ministry of Defence & another; Ex-parte Applicant:John Cheruiyot Rono [2020] eKLR

1. Case Information:
- Name of the Case: Republic v. The Cabinet Secretary for Ministry of Defence & Another
- Case Number: Judicial Review Application No. 113 of 2018
- Court: High Court of Kenya
- Date Delivered: 28th September 2020
- Category of Law: Civil
- Judge(s): P. Nyamweya
- Country: Kenya

2. Questions Presented:
The central legal issues in this case are:
1. Whether the Principal Secretary in the Ministry of Defence has a legal duty to satisfy the judgment awarded to the ex parte Applicant, John Cheruiyot Rono.
2. If so, is the ex parte Applicant entitled to the relief he seeks, specifically the payment of Kshs 1,500,000 plus interest?

3. Facts of the Case:
The ex parte Applicant, John Cheruiyot Rono, sought judicial review through a Notice of Motion dated 5th July 2018, requesting an order of mandamus to compel the Principal Secretary in the Ministry of Defence to pay him Kshs 1,500,000, plus interest. This amount was awarded to him as general damages for violations of his fundamental rights, as determined in a previous judgment delivered on 8th March 2017. Despite the court's order, the Respondents, including the Attorney General, failed to make the payment. The ex parte Applicant provided evidence of the judgment, decree, and Certificate of Order against the Government, which were served on the Attorney General for processing payment.

4. Procedural History:
The application was presented to the High Court, where it was determined that the matter would be resolved through written submissions. The ex parte Applicant's counsel argued that the Respondent's failure to respond constituted contempt and undermined the fair administration of justice as per Article 47 of the Constitution. Notably, the Respondent did not file any response to the application.

5. Analysis:
- Rules: The court relied on Section 21 of the Government Proceedings Act, which outlines the procedure for enforcing court orders against the Government. It specifies that the accounting officer of the concerned ministry is responsible for making payments as ordered by the court, following the issuance of a Certificate of Costs served upon the Attorney General.

- Case Law: The court referenced *Republic v. Kenya National Examinations Council ex parte Gathenji and 9 Others* (1997) e KLR, highlighting the nature of mandamus as a command to perform a public duty. Additionally, the case of *Republic v. Permanent Secretary Ministry of State for Provincial Administration and Internal Security* (2012) e KLR clarified that the Government, like any other party, is liable for judgments against it, but specific procedures must be followed for enforcement.

- Application: The court confirmed that the ex parte Applicant had a valid judgment in his favor, and that the Principal Secretary in charge of the Kenya Defence Forces was the appropriate party liable for the payment. The court found that the necessary procedures were followed, including the service of the Certificate of Costs to the Attorney General. Consequently, the court ruled in favor of the ex parte Applicant, stating that the Principal Secretary had a duty to pay the awarded sum.

6. Conclusion:
The court ruled in favor of the ex parte Applicant, issuing an order of mandamus compelling the Principal Secretary of the Ministry of Defence to pay Kshs 1,500,000 plus interest. This ruling reinforces the accountability of government entities to fulfill court orders and highlights the importance of adhering to statutory procedures for enforcement.

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

8. Summary:
The High Court of Kenya granted the ex parte Applicant's request for an order of mandamus, compelling the Principal Secretary of the Ministry of Defence to pay Kshs 1,500,000 plus interest as awarded in a previous ruling. This case emphasizes the obligation of government bodies to comply with court orders and the legal recourse available to individuals when such obligations are not met. The decision has broader implications for the enforcement of rights and the accountability of public officials in Kenya.

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