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ELCPartially AllowedNotice of Motion dated 16th February 2024 (Judicial Review)· [2025] KEELC 6128 (KLR)
Republic v Governor, Nyamira County & 3 others; Aboki (Ex parte) (Environment and Land Judicial Review Case E001 of 2024) [2025] KEELC 6128 (KLR)
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·~8 min to read original · ~4 min briefThe bottom line
#The High Court ordered Nyamira County officials to pay over KShs 7.2 million plus interest under a judgment they had ignored since 2023.
What this practically means
#Executive summary
#The Ex Parte Applicant, judgment creditor in Nyamira E.L.C Case No. 58 of 2021, moved the Court by Notice of Motion dated 16th February 2024 for an order of mandamus compelling the 1st, 3rd and 4th Respondents, officers of the County Government of Nyamira, to satisfy a decree of KShs 6,353,500 plus taxed costs of KShs 932,485 and interest, said to total over Shs 12.5 million. Judgment had been delivered in his favour on 5th June 2023, costs were taxed on 24th July 2023, and certificates of order against the Government were served on 18th January 2024, yet the decretal sums remained unpaid. The Respondents filed no response or affidavit; their written submissions puzzlingly sought leave to file a response and referred to an unrelated appeal and application. The Court identified a single issue: whether the reliefs sought should issue. Relying on the Court of Appeal's restatement of mandamus principles in Bufiet Park Ltd v Republic and the scope of mandamus in Kenya National Examination Council v Republic Ex Parte Gathenji Njoroge, the Court held that settlement of a court decree is both a legal and public duty falling on the Respondents, who had not disputed the decree or non-payment. Mandamus issued compelling payment of the principal sum and taxed costs with interest at court rates; the exact interest was left for calculation and certification by the Deputy Registrar in the underlying suit. The Ex Parte Applicant received costs, borne by the Respondents jointly and severally.
Key legal issues
#01
Whether an order of mandamus should issue against the Respondents to settle the decree and taxed costs
Holding
Yes. The Respondents did not dispute the decree or non-payment, and settling a court decree is a legal and public duty resting on them.
Reasoning
The court restated the mandamus principles from Republic v Kenya National Examination Council ex parte Gathenji Njoroge, noting mandamus commands what the party is legally bound to perform. The Ex Parte Applicant annexed the decree, certificate of costs and certificates of order against government, none disputed. Non-response left the application unopposed. Mandamus issued compelling the officers to satisfy the decree and costs, with interest to be certified by the Deputy Registrar.
p. 4
Legal principles established
#- Settlement of a decree issued by a court of law is both a legal and a public duty
- Mandamus issues where there is a specific legal right and no specific legal remedy, and may issue even where an alternative remedy exists but is less convenient and effectual
Court orders
#- 1.A Judicial Review order of mandamus issued against the 1st, 3rd and 4th Respondents compelling them to satisfy and/or settle the decree issued on 13th July 2023 in Nyamira ELCC No. 58 of 2021 requiring payment of KShs 6,353,500 with interest at court rates from date of filing suit until payment in full
- 2.A Judicial Review order of mandamus issued against the 1st, 3rd and 4th Respondents compelling them to satisfy and/or settle the certificate of costs issued on 28th July 2023 in the sum of KShs 932,485 with interest at court rates until payment in full
- 3.The exact interest due on the sums in the decree and certificate of costs to be calculated and certified by the Deputy Registrar in Nyamira ELCC No. 58 of 2021
- 4.The Ex Parte Applicant granted costs of the judicial review proceedings, borne by the Respondents jointly and severally
- Jurisdiction invoked
- Judicial review jurisdiction of the High Court (order of mandamus) following leave issued on 19/12/2023; decree in Nyamira E.L.C Case No. 58 of 2021
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Republic v Governor, Nyamira County & 3 others; Aboki (Ex parte) (Environment and Land Judicial Review Case E001 of 2024) [2025] KEELC 6128 (KLR)", Case Analysis (2025). Notice of Motion dated 16th February 2024 (Judicial Review). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/6128/eng@2025-09-23
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.