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ELCPartially AllowedJudicial Review Application (Substantive Notice of Motion) dated 9th April 2025· [2025] KEELC 5583 (KLR)

Republic v Kenya Airports Authority & another; Shabune (Ex parte Applicant) (Miscellaneous Application E008 of 2025) [2025] KEELC 5583 (KLR)

High Court of Kenya
14 July 2025
4,029 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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The High Court ordered Kenya Airports Authority to pay Kshs. 9.15 million plus 12% interest within 60 days for unlawfully acquired land.

What this practically means

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Executive summary

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The Ex-parte Applicant sought judicial review orders of mandamus to compel the respondents to pay Kshs.9,153,123/- plus interest at 12% per annum, being a decretal sum awarded by the Isiolo Chief Magistrate's Court in Isiolo CMC ELC No. 12 of 2018 for compensation on account of alleged unlawful compulsory acquisition of his plot. Judgment in the subordinate court was delivered on 24th May 2022; the decree, certificate of costs and certificate of order were extracted and served, but the decretal sum was never paid. The respondents opposed the application, contending that the valuation underpinning the award was done without involvement of the National Land Commission, that the mandamus threshold had not been met, and that the applicant failed to implead the Accounting Officer of the Kenya Airports Authority under section 5 of the Kenya Airports Authority Act. The court framed two issues: whether the respondents failed to perform their statutory duty to pay, and whether sufficient cause for mandamus was established. It found the 1st respondent was fully aware of the unchallenged decree, that no stay or appeal barred payment, and that as a statutory body insulated from ordinary execution, mandamus was the only mechanism to enforce the decree. Reliance on the irregularity of the valuation was rejected as a suitor cannot disregard a court order. The court issued an order of mandamus compelling the 1st respondent to pay Kshs.9,153,124/- plus interest at 12% per annum within 60 days, with liberty to pursue contempt proceedings on default, and awarded costs to the Ex-parte Applicant.

Key legal issues

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01

Whether the 1st respondent failed to perform its statutory duty to pay the decretal sum

Holding

Yes - the 1st respondent, a body corporate, failed, neglected and refused to process and pay the decretal sum despite being served with the decree, certificate of costs and certificate of order, contrary to Article 10 national values

Reasoning

The applicant extracted and served the decree, certificate of costs and certificate of order on the respondents, who did not controvert service in their replying affidavit. No stay, review or settlement negotiation existed to excuse non-payment; the pendency of an appeal is not a stay. Failure to pay a lawful decree offends Article 10 national values binding on all persons and state organs.

p. 5
02

Whether the applicant established sufficient cause for mandamus against a statutory body

Holding

Yes - since the 1st respondent is insulated from ordinary execution, mandamus is the only mechanism to enforce the decree, and the applicant demonstrated a clear legal right, a public duty and a prior demand

Reasoning

The court applied the Kenya National Examination Council v Republic ex parte Geoffrey Gathenji Njoroge principles: mandamus compels performance of a public duty imposed by statute where the person entitled has no other effective remedy. The respondents' contentions on the NLC valuation and non-joinder of the Accounting Officer under section 5 of the Kenya Airports Authority Act did not excuse non-compliance with an unchallenged decree; compliance with court orders is mandatory (Hadkinson).

p. 6
03

Whether the decree was vitiated by a valuation undertaken without involvement of the National Land Commission

Holding

No - the 1st respondent cannot disregard the decree on this basis; if it considers the decree irregular, it knows the proper legal avenue

Reasoning

The respondents argued that the compensation was founded on a valuation procured without NLC involvement contrary to section 111(2) of the Land Act and the Land (Assessment of Just Compensation) Rules 2017. The court held that the decree was not appealed, impugned, set aside, and an application for leave to appeal out of time had been dismissed; it is not for the suitor to judge the validity of a judgment or decree.

p. 6

Legal principles established

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  • Where a public body is statutorily insulated from ordinary execution, mandamus is the only mechanism to compel performance of its public duty including payment of debts
  • A judgment debtor must comply with the terms of a judgment unless there is a compelling reason such as a stay, review, or settlement negotiations; pendency of an appeal is not a stay
  • A party cannot disregard a decree on the ground that the underlying valuation was irregular; the validity of a decree is a matter for the court, not the suitor

Court orders

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  1. 1.An order of Judicial review in the nature of Mandamus to compel the respondents to pay the Ex-parte Applicant Kshs.9,153,124/- being the decretal amount together with interest at the court rate of 12% per annum from the date of award until payment in full, issued against the 1st respondent (Kenya Airports Authority)
  2. 2.The payment shall be processed and paid out to the Ex-parte Applicant within 60 days from the date of the order, in default the Ex-parte Applicant at liberty to take appropriate steps including citation for contempt
  3. 3.Costs of the proceedings awarded to the Ex-parte Applicant
  4. 4.Such costs to be agreed upon and in default to be taxed by the Deputy Registrar of the court

Authorities

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Legislation

  • Government Proceedings Actsection 21
  • Kenya Airports Authority Actsection 5
  • Land Actsection 111(2)
  • Land (Assessment of Just Compensation) Rules
  • Civil Procedure Rules 2010Order 42 Rule 6(1)
  • Civil Procedure Rules 2010Order 22
  • Constitution of Kenya 2010Article 10
  • Constitution of Kenya 2010Articles 19, 20, 21 and 259

Cases cited (13)

  • Republic vs County Secretary, County Government of Meru & 5 others; Kaburu t/a Mwirigi Kaburu & Co. Advocates
    (2024) KEELC
  • Republic vs Attorney General & another exparte Stephen Wanyee Roky
    (2016) eKLR
  • Republic vs County Secretary Nairobi City County Government exparte Wachira Nderitu & Co. Advocates
    (2014) eKLR
  • Republic vs County Secretary Nairobi City County & 3 others; Koceyo & Co. Advocates
    (2020) KEHC
  • Republic vs Attorney General & Principal Secretary Ministry of Public Works – Junja; republic vs the P.S Environment and Forestry & another; Beya Ltd; Exparte Applicant
    (2022) KEHC
  • Republic vs Wajir County Government & 3 others; Alhidik Hardware & Construction Co. Ltd
    (2023) KEHC
  • Republic vs the County Secretary Nairobi City County & another exparte Prof. Tom Ojienda & Associates
    (2019) eKLR
  • Republic vs the Commissioner of Lands & another exparte Kithinji Murugu M'Agere
  • Five Star Agencies Ltd & another vs National Land Commission and 2 others
    (2024) KECA 439; Civil Appeal E290 & 328 of 2023 (Consolidated) [2024] KECA 439 (KLR) (12 April 2024)
  • Republic vs the Principal Secretary, Ministry of Defence & another exparte David Gitau Njau & 9 others
  • Republic vs the Chief Executive Officer IEBC & another exparte M'Anyiri Hannington Gitari
  • Hadkinson vs Hadkinson
    (1952) ALL ER 1159
  • Kenya National Examination Council v Republic Ex Parte Geofirey Gathenji Njoroge & 9 others
    [1997] eKLR
Jurisdiction invoked
Judicial review jurisdiction of the High Court (orders of mandamus); enforcement of a decree against a public body insulated from execution

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 Airports Authority & another; Shabune (Ex parte Applicant) (Miscellaneous Application E008 of 2025) [2025] KEELC 5583 (KLR)", Case Analysis (2025). Judicial Review Application (Substantive Notice of Motion) dated 9th April 2025. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/5583/eng@2025-07-14

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