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ELCPartially AllowedJudicial Review Notice of Motion dated 19th August 2024 (ELC Petition No. 14 of 2017 decree)· [2025] KEELC 4928 (KLR)

Republic v Kenya Urban Roads Authority & 3 others; Muchene (The Sole Executrix of the Estate of George Muchene Kirumba and Petitioning through Nancy Wanjiru Kirumba) (Exparte Applicant) (Environment and Land Judicial Review Case E017 of 2024) [2025] KEELC 4928 (KLR)

Environment and Land Court
3 July 2025
2,576 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
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The bottom line

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A Kenyan court ordered government officials to pay a landowner KShs 3 million, ruling that lack of budget allocation is no excuse for delaying court-ordered payments.

What this practically means

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Executive summary

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This is a first-instance judicial review decision in which the ex parte applicant, the successful petitioner in ELC Petition No. 14 of 2017, sought an order of mandamus compelling the respondents' accounting officers to pay her KShs. 3,000,000 in compensation for the unlawful acquisition of her land, plus interest at 14% from 28th July 2022, and costs. Judgment and a decree dated 7th September 2022 had been extracted, and a certificate of order against the government for KShs. 3,002,000 dated 9th May 2024 was obtained and served. The 4th respondent opposed via grounds of opposition and written submissions, contending that the Attorney General had no statutory mandate to settle sums owed on behalf of other ministries, that the application wrongly targeted ministries rather than accounting officers, and that no interest was awarded in the original suit; budgetary constraints were also cited. The applicant argued mandamus lies to compel performance of the public duty under section 21(3) of the Government Proceedings Act. The court framed a single issue: whether grounds for mandamus were established. Adopting the Gathenji principles and the decision in Republic vs. Permanent Secretary Ministry of State for Provincial Administration and Internal Security, the court held that service of the certificate of order triggered a statutory duty on the accounting officers to pay, unconditioned by budgetary allocation, and that mandamus was the most adequate remedy. The motion was allowed: mandamus issued compelling the accounting officers of the 1st to 3rd respondents to pay KShs. 3,000,000; the Attorney General was directed to pursue compliance; costs were awarded to the applicant; and mention was set for 24th September 2025 to confirm payment. No relief on interest was granted.

Key legal issues

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Whether mandamus should issue to compel payment of the decretal sum against the government

Holding

Yes; the certificate of order against the government was obtained and served, and mandamus is the most adequate remedy to compel the accounting officers to pay the decretal amount.

Reasoning

The court adopted the Gathenji principles that mandamus compels performance of a public duty. Under section 21(3) of the Government Proceedings Act, service of the certificate of order on the Attorney General triggers a statutory duty on the accounting officer to pay, which is not dependent on budgetary provision. The applicant held a decree and certificate of order against the government, served them, and the respondents did not dispute service. Denying mandamus would leave her without an effective remedy and cause grave injustice.

p. 6

Legal principles established

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  • Once a certificate of order against the government is served on the Attorney General, section 21(3) of the Government Proceedings Act imposes a statutory duty on the accounting officer to pay, and payment is not conditioned on budgetary allocation.
  • Mandamus is the appropriate remedy to enforce decrees against government, which enjoys immunity from execution under section 21(4) of the Government Proceedings Act.

Court orders

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  1. 1.An order of mandamus compelling the Accounting Officers of the 1st, 2nd and 3rd respondents to pay the ex parte applicant KShs. 3,000,000/- being the decretal amount payable as ordered in ELC Petition No. 14 of 2017
  2. 2.The 4th respondent ordered to pursue compliance with order 1
  3. 3.Costs of the application awarded to the ex parte applicant
  4. 4.Mention on 24th September, 2025 to confirm payment

Authorities

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Legislation

  • Law Reform ActSections 8, 9
  • Civil Procedure ActSections 1A, 1B, 3A
  • Civil Procedure RulesOrder 53 Rule 3
  • Government Proceedings ActSections 21(1), (2), (3), (4)

Cases cited (15)

  • Republic v Principal Secretary, Ministry of Internal Security & Another ex parte Schon Noorani & Another
    [2018] eKLR
  • Republic v Town Clerk of Webuye County Council & Another
    HCCC 488 of 2006
  • Alcoholic Beverages Association of Kenya v Kenya Film and Classification Board & 2 others
    [2017] eKLR
  • Republic v County Secretary, County Government of Mombasa & 2 others exparte Samuel Mutemi t/a Tudor Paradise
    [2021] eKLR
  • Republic Ex parte the Minister for Finance & Commissioner of Insurance As Licensing and Regulating Officers v Charles Lutta Kasamani T/A Kasamani & Co. Advocates & Another
    Civil Appeal (Application) No. 281 of 2005
  • Republic v Attorney General Ex Parte Zeitun Juma Hassan
    [2017] eKLR
  • Microsoft Corporation v Mitsumi Garage Ltd & Another
    Nairobi HCCC No. 810 of 2001; [2002] 2EA 460
  • Republic v Permanent Secretary, Ministry of State for Provincial Administration and Internal Security Exparte Fredrick Manoah Egunza
    [2012] eKLR
  • Trusted Society of Human Rights Alliance v Cabinet Secretary for Devolution and Planning & 3 others
    [2017] eKLR
  • Kenya National Examinations Council v Republic Ex parte Geofirey Gathenji Njoroge & Others
    Civil Appeal No. 266 of 1996 [1997] eKLR
  • Shah v Attorney General (No.3)
    Kampala HCMC No. 31 of 1969 [1970] EA 543
  • Republic v Attorney General & 2 others Ex-parte Associated Architects and 3 others
    [2018] eKLR
  • Arthur Kinuthia Albert v Permanent Secretary Ministry of Health
    [2008] eKLR
  • Republic v Kenya National Examinations Council Ex Parte Gathenji & 8 Others
    Civil Appeal No 234 of 1996
  • Republic vs. Permanent Secretary Ministry of State for Provincial Administration and Internal Security
    [2012] eKLR
Jurisdiction invoked
Sections 8 and 9 of the Law Reform Act; Order 53 Rule 3 of the Civil Procedure Rules

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Republic v Kenya Urban Roads Authority & 3 others; Muchene (The Sole Executrix of the Estate of George Muchene Kirumba and Petitioning through Nancy Wanjiru Kirumba) (Exparte Applicant) (Environment and Land Judicial Review Case E017 of 2024) [2025] KEELC 4928 (KLR)", Case Analysis (2025). Judicial Review Notice of Motion dated 19th August 2024 (ELC Petition No. 14 of 2017 decree). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/4928/eng@2025-07-03

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.