Republic v County Secretary, Nairobi City County Ex parte Registered Trustees Islamia Madrassa Committee [2020] eKLR Case Summary

Court
High Court of Kenya at Nairobi
Category
Civil
Judge(s)
P. Nyamweya
Judgment Date
September 29, 2020
Country
Kenya
Document Type
PDF
Number of Pages
3

Case Brief: Republic v County Secretary, Nairobi City County Ex parte Registered Trustees Islamia Madrassa Committee [2020] eKLR


1. Case Information:
- Name of the Case: Republic v. County Secretary, Nairobi City County
- Case Number: Judicial Review Application No. 112 of 2020
- Court: High Court of Kenya at Nairobi
- Date Delivered: 29th September 2020
- Category of Law: Civil
- Judge(s): P. Nyamweya
- Country: Kenya

2. Questions Presented:
The central legal issues in this case include whether the ex parte Applicant, Registered Trustees of Islamia Madrassa Committee, is entitled to an order of mandamus compelling the Respondent, County Secretary of Nairobi City County, to pay the awarded taxed costs. Additionally, the court must determine the appropriateness of issuing a warrant of arrest against the Respondent for failure to comply with the court's decree.

3. Facts of the Case:
The ex parte Applicant, Registered Trustees of Islamia Madrassa Committee, sought judicial review orders against the County Secretary of Nairobi City County. The Applicant was awarded Kshs. 997,337 plus interest in a previous court ruling (Environment and Land Court Suit No. 2388 of 1998) against the Respondent. The Respondent allegedly failed to pay the awarded costs despite multiple requests for payment, leading the Applicant to seek a mandamus order to compel payment and a warrant of arrest for non-compliance.

4. Procedural History:
The case began with the ex parte Applicant filing a Chamber Summons application on 15th May 2020, seeking leave for judicial review. The application was supported by affidavits and statutory statements detailing the background of the case and the Respondent's failure to pay. The court considered the merits of the application based on the evidence presented and determined that the Applicant had established an arguable case for leave to proceed with judicial review.

5. Analysis:
- Rules: The court evaluated the application under Order 53 Rule 1 of the Civil Procedure Rules, which governs the issuance of leave for judicial review. The purpose of this rule is to filter out frivolous applications and ensure that only those with a realistic prospect of success proceed to substantive hearings.
- Case Law: The court referenced *Republic vs. County Council of Kwale & Another Ex Parte Kondo & 57 Others* and *Sharma vs. Brown Antoine* to establish the standard for granting leave for judicial review. These cases emphasize the necessity of demonstrating an arguable case that warrants further consideration by the court.
- Application: The court found that the ex parte Applicant provided sufficient evidence of the taxed costs awarded in its favor and the Respondent's failure to comply with the payment order. However, the request for an arrest warrant was deemed premature as there was no evidence of contempt of court. Consequently, the court granted leave for the Applicant to file a substantive Notice of Motion for mandamus.

6. Conclusion:
The court ruled in favor of the ex parte Applicant, granting leave to apply for an order of mandamus compelling the Respondent to pay the awarded sum. The request for a warrant of arrest was denied. This ruling underscores the court's commitment to enforcing compliance with judicial orders and highlights the legal recourse available for parties seeking to enforce monetary judgments.

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

8. Summary:
The High Court of Kenya granted the Registered Trustees of Islamia Madrassa Committee leave to apply for an order of mandamus against the County Secretary of Nairobi City County for non-payment of awarded costs. The court's decision reinforces the enforcement of court decrees and the responsibilities of public officials in complying with judicial orders. The ruling has implications for the accountability of public bodies in fulfilling their financial obligations as determined by the courts.

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