Wabros Contractors Limited v County Government of Trans-Nzoia [2020] eKLR Case Summary

Court
High Court of Kenya at Kitale
Category
Civil
Judge(s)
H. K. Chemitei
Judgment Date
October 28, 2020
Country
Kenya
Document Type
PDF
Number of Pages
3

Case Brief: Wabros Contractors Limited v County Government of Trans-Nzoia [2020] eKLR


1. Case Information:
- Name of the Case: Wabros Contractors Limited v. The County Government of Trans-Nzoia
- Case Number: Judicial Review Application No. 2 of 2020
- Court: High Court of Kenya at Kitale
- Date Delivered: 28th October 2020
- Category of Law: Civil
- Judge(s): H. K. Chemitei
- Country: Kenya

2. Questions Presented:
The central legal issue in this case is whether the County Government of Trans-Nzoia can be compelled through a writ of mandamus to pay Wabros Contractors Limited the decretal amount awarded in a previous court ruling.

3. Facts of the Case:
Wabros Contractors Limited (the Applicant) was involved in a legal dispute with the County Government of Trans-Nzoia (the Respondent) that culminated in a judgment in Kitale CMCC No. 228 of 2017. The court had issued a decree ordering the Respondent to pay the Applicant Kshs. 1,011,886, which included accrued interest and costs as of July 7, 2019. Despite being duly served with the decree, the Respondent failed to comply with the court's order, leading the Applicant to seek a judicial review application for a writ of mandamus to enforce the payment.

4. Procedural History:
The Applicant filed a Notice of Motion on February 21, 2020, after obtaining leave from the court. The application was supported by an affidavit from Stephen Wabuke, the managing director of Wabros Contractors Limited, which included the lower court's decree and other relevant documents. The Respondent did not oppose the application, and the court found sufficient merit in the Applicant's request due to the Respondent's failure to respond or comply with the previous judgment.

5. Analysis:
- Rules: The court considered the legal provisions surrounding the issuance of a writ of mandamus, which is a judicial remedy compelling a government official to perform their duties. The relevant statutes governing such applications include the Civil Procedure Act and the Judicial Review Act.
- Case Law: While specific case law was not cited in the provided context, the principles of mandamus are well-established in Kenyan jurisprudence, supporting the enforcement of court orders when a party fails to comply. Previous cases have consistently held that mandamus can be issued to compel public officers to perform their statutory duties.
- Application: The court applied the rules of mandamus to the facts of the case, noting that the Respondent had ignored the lower court's decree. The lack of opposition from the Respondent further solidified the Applicant's position, leading the court to conclude that there was a clear obligation on the part of the Respondent to comply with the decree.

6. Conclusion:
The High Court of Kenya allowed the application for a writ of mandamus, compelling the County Government of Trans-Nzoia to pay Wabros Contractors Limited the amount specified in the decree, along with costs for the application. This ruling underscores the importance of enforcing court orders and the accountability of public entities to comply with judicial decisions.

7. Dissent:
There were no dissenting opinions recorded in this case, as the application was unopposed and the court's decision was unanimous in favor of the Applicant.

8. Summary:
The High Court of Kenya ruled in favor of Wabros Contractors Limited, granting their application for a writ of mandamus against the County Government of Trans-Nzoia to enforce payment of Kshs. 1,011,886 as decreed in a previous judgment. This case highlights the court's commitment to ensuring compliance with its orders and reinforces the principle that public bodies must fulfill their legal obligations.

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