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

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 vs. 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:
- Whether the Respondent (the Principal Secretary in the Ministry of Defence) has a legal duty to satisfy the judgment issued in favor of the ex parte Applicant, John Cheruiyot Rono.
- If so, whether the ex parte Applicant is entitled to the relief he seeks in the form of payment of Kshs 1,500,000 plus interest.

3. Facts of the Case:
The ex parte Applicant, John Cheruiyot Rono, filed a Notice of Motion on 5th July 2018 seeking judicial review orders against the Cabinet Secretary for the Ministry of Defence and the Attorney General. This application arose from a previous court ruling dated 8th March 2017, where Rono was awarded Kshs 1,500,000 in damages due to the violation of his fundamental rights resulting from unlawful arrest, imprisonment, and torture by the Kenya Air Force. Despite the court's order, the Respondents failed to make the payment, prompting Rono to seek enforcement through judicial review.

4. Procedural History:
The case progressed through the High Court where the ex parte Applicant’s application was supported by a statutory statement and a verifying affidavit. The Respondents did not file any response to the application. The court directed that the application would be heard through written submissions. The ex parte Applicant's counsel argued that the Respondents’ failure to respond constituted contempt and a violation of the duty to administer justice.

5. Analysis:
- Rules: The court considered relevant statutory provisions, particularly Section 21 of the Government Proceedings Act, which outlines the procedure for enforcing judgments against the government. It stipulates that the accounting officer of the relevant ministry is responsible for payments awarded against the government.
- Case Law: The court referenced the case of *Republic vs. Kenya National Examinations Council ex parte Gathenji and 9 Others* (1997) eKLR, which defined the scope of the order of mandamus as a command to perform a public duty. Additionally, *Republic vs. Permanent Secretary, Ministry of State for Provincial Administration and Internal Security* (2012) eKLR was cited to explain the responsibilities of accounting officers regarding government debts.
- Application: The court found that the ex parte Applicant had a valid judgment in his favor and had properly served the Certificate of Costs on the Attorney General. The Principal Secretary in charge of the Kenya Defence Forces was deemed liable for the payment. The court concluded that the Respondents had a legal obligation to fulfill the court's order, and their failure to do so warranted the issuance of a mandamus.

6. Conclusion:
The High 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 as awarded in the previous judgment. This decision underscores the obligation of government entities to comply with court orders and the role of judicial review in enforcing rights.

7. Dissent:
There were no dissenting opinions noted in this case, as the judgment was delivered solely by Judge P. Nyamweya.

8. Summary:
The High Court of Kenya ruled in favor of John Cheruiyot Rono, compelling the Ministry of Defence to pay damages awarded for violations of his rights. This case highlights the enforcement of court judgments against government entities and reinforces the accountability of public officials in upholding judicial decisions. The ruling serves as a precedent for similar cases where government compliance with court orders is in question.

Document Summary

Below is the summary preview of this document.

  • Republic-v-Cabinet-Secretary-For-Ministry-of-Defence--another-Ex-parte-Applicant-John-Cheruiyot-Rono-[2020]-eKLR-Case-Summary_2461_0.jpg

This is the end of the summary preview.

Related Documents

View all summaries