Kokwo Multi-Purpose Co-operative Society v Principal Secretary Ministry of Land, Housing and Urban Development & another (Environment and Land Judicial Review Case 1B of 2024) [2025] KEELC 4674 (KLR)
The bottom line
#A Kenyan court ordered a government ministry to pay a Kshs 7.9 million decree within 30 days or its accounting officer risks arrest.
What this practically means
#Executive summary
#Key legal issues
#Compliance with Section 21 Government Proceedings Act as precondition to mandamus
The applicant complied: the decree was served and acknowledged in 2015, and the certificate of order dated 25/8/2023 was received by the Permanent Secretary on 31/8/2023, invoking the statutory duty to pay.
Section 21(1) requires service of a certificate of order on the accounting officer before execution against the Government. The court found annexures showed service and acknowledgment of both the decree and the certificate of order. The respondents offered no explanation for the non-payment, and the decree had not been reviewed, set aside or vacated. The duty to pay crystallised upon service of the certificate.
Whether mandamus should issue to compel settlement of the decree
Yes. The respondents had not honoured a lawful decree for 10 years with no justification, so the reliefs sought were merited.
The court noted no dispute that judgment was delivered on 1/10/2015 ordering a refund of Kshs.7,896,644/= with 14% interest from 2006, and a decree issued. There was no evidence of the decree being set aside. The respondents did not explain the decade-long non-compliance, and alternative dispute resolution had not resolved the matter, leaving mandamus as the remaining remedy.
Legal principles established
#- Service of the certificate of order on the accounting officer under Section 21 of the Government Proceedings Act is the condition precedent that crystallises the statutory duty to satisfy a decree against the Government.
- Mandamus lies to compel performance of a statutory duty owed to a party with a legal right to expect its performance.
- A decree or order may expire by effluxion of time, which is 12 years.
Court orders
#- 1.An order of mandamus compelling the Accounting Officer of the 1st respondent to satisfy the decree or certificate of order of Kshs.7,896,644/= with interest at 14% per annum from May 2006 within 30 days from the date of the judgment
- 2.In default of satisfaction within 30 days, a warrant of arrest to issue
- 3.Costs to the exparte applicant
- Jurisdiction invoked
- Section 13(7) of the Environment and Land Court Act (prerogative reliefs)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kokwo Multi-Purpose Co-operative Society v Principal Secretary Ministry of Land, Housing and Urban Development & another (Environment and Land Judicial Review Case 1B of 2024) [2025] KEELC 4674 (KLR)", Case Analysis (2025). Notice of Motion dated 5/2/2025 (arising from Kitale High Court Petition No. 14 of 2013). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/4674/eng@2025-06-18
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.