Liechi v County Government of Homabay & another (Judicial Review Application E003 of 2023) [2025] KEELC 3232 (KLR)
The bottom line
#If you've won a money judgment against a Kenyan county government, a court order called mandamus—not ordinary asset seizure—is how you force payment.
What this practically means
#Executive summary
#Key legal issues
#Whether leave to apply for mandamus to enforce a decree against a county government should be granted
Leave granted; the decree against the county government can only be implemented by an order of mandamus.
The Applicant obtained a judgment and decree against the County Government of Homabay, served the decree and certificate of costs, and the Respondents failed to satisfy the decree despite the appeal having been heard and determined. Under Section 21 of the Government Proceedings Act as amended by Act No. 35 of 2015, execution against a county government follows the same procedure as against the national government; ordinary execution under Order 22 does not apply. The proper remedy is mandamus compelling the accounting officer to pay. The Respondents filed no response opposing the application.
Legal principles established
#- Execution against a county government follows the procedure in Section 21 of the Government Proceedings Act (as amended by Act No. 35 of 2015), and the only remedy for enforcing a monetary decree against a county government is judicial review by way of mandamus, not ordinary execution.
- An order of mandamus compels performance of a public duty imposed by statute where the duty-bearer has failed to perform it to the detriment of a party with a legal right to expect performance.
Court orders
#- 1.Leave granted to the Applicant to apply for an order of mandamus directed at the Chief Finance Officer of the County Government of Homabay compelling payment of the decretal amount of Kshs. 3,377,900/= with interest at 12% p.a. from 15th July 2021 until payment in full
- 2.Costs of the application awarded to the Ex Parte Applicant
- Jurisdiction invoked
- Order 53 Rule 1(2) of the Civil Procedure Rules
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Liechi v County Government of Homabay & another (Judicial Review Application E003 of 2023) [2025] KEELC 3232 (KLR)", Case Analysis (2025). Judicial Review Application dated 9th October 2023. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/3232/eng@2025-04-07
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.