Thumbi v County Executive Member for Finance, Laikipia County Government & another (Environment and Land Judicial Review Case 3 of 2023) [2024] KEELC 5876 (KLR)
The bottom line
#The Environment and Land Court refused to force Laikipia County to pay a Kshs 28 million decree because the required certificate of order was never issued and served on the County Attorney.
What this practically means
#Executive summary
#Key legal issues
#Jurisdiction of the ELC to issue mandamus in respect of a decree arising from a land dispute
The parties did not seriously dispute jurisdiction; the Respondents themselves conceded the court's jurisdiction citing Karisa Chengo and Section 13(7) of the ELC Act permitting prerogative orders
The Applicant argued the matter emanated from a land matter and the ELC created under Article 162(2)(b) had jurisdiction, relying on Ken Kasinga v Daniel Kiplagat Kirui. The Respondents agreed the court had jurisdiction and that under Section 13(7) of the ELC Act the court may grant prerogative orders. Jurisdiction was therefore not the ground on which the application failed.
Compliance with Section 21 of the Government Proceedings Act as a prerequisite to mandamus
The Applicant failed to show that the certificate of order for payment was issued and served on the County Attorney, so the application was premature
Section 21 requires the proper officer of the court to issue a certificate of the order after 21 days from the order or after taxation of costs, to be served on the Attorney-General or, for a County Government, the County Attorney. The court found no evidence of issuance or service of this certificate, and therefore mandamus could not issue.
Legal principles established
#- Where an order is made against a government in civil proceedings, a certificate under Section 21 of the Government Proceedings Act must be issued and, in the case of a County Government, served upon the County Attorney before satisfaction of the decree can be compelled
Court orders
#- 1.The application dated 22/12/2023 was filed prematurely and the orders sought were declined for want of service of the certificate of order against government stipulated in Section 21 of the Government Proceedings Act
- 2.Each party to bear its own costs of the suit
- Jurisdiction invoked
- Article 162(2)(b) of the Constitution and Section 13 of the ELC Act
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Thumbi v County Executive Member for Finance, Laikipia County Government & another (Environment and Land Judicial Review Case 3 of 2023) [2024] KEELC 5876 (KLR)", Case Analysis (2024). Judicial Review proceedings (application dated 22/12/2023), Nanyuki ELC. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2024/5876/eng@2024-08-20
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.