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ELCAllowedJudicial Review (Notice of Motion dated 19/6/2025), Kitale· [2025] KEELC 6850 (KLR)

Republic v Chief Finance Officer County Government of Turkana & 2 others; Erukudi (Ex parte Applicant) (Environment and Land Judicial Review Case E006 of 2025) [2025] KEELC 6850 (KLR)

Environment and Land Court
8 October 2025
1,361 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~5 min to read original · ~4 min brief

The bottom line

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A Kenyan court ordered Turkana County officials to personally ensure payment of Kshs. 6.2 million owed to a judgment-holder after years of county non-payment.

What this practically means

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Executive summary

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The ex parte applicant, Chris Ekutan Erukudi, obtained judgment against the County Government of Turkana in Kitale ELC No. 123 of 2017, with judgment entered on 30/7/2019, a certificate of costs issued on 14/1/2020 and a certificate of order against the county issued on 15/11/2022. Unable to execute directly against the government, he moved the court by notice of motion dated 19/6/2025 seeking mandamus to compel the county's finance officials to satisfy the decree. He argued that the respondents are public officers under Article 260 of the Constitution with statutory duties under the Public Finance Management Act and Section 21 of the Government Proceedings Act to settle lawful debts once decreed, relying on authorities including Koceyo, Schon Noorani and Gathenji. The respondents opposed through a replying affidavit by Chris Locheria, contending that the applicant bypassed the mandatory procedure under Section 21 of the Government Proceedings Act and Order 29 of the Civil Procedure (Amendment) Rules, 2020, had not served the requisite documents on their counsel, and that the application was premature. The court held that mandamus is the proper remedy to compel performance of a statutory public duty where execution against government is barred, found the judgment valid and unvaried, and found no justification for the respondents' failure to perform their statutory duty. It issued mandamus compelling the County Executive Member for Finance, the Chief Officer for Finance and the County Secretary to pay the applicant Kshs. 6,236,222/= forthwith, and awarded costs to the applicant.

Key legal issues

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01

Availability of mandamus to enforce judgment against a county government

Holding

Mandamus issues to compel the accounting officers to satisfy the decree since Section 21(4) of the Government Proceedings Act bars direct execution against government property

Reasoning

The applicant holds a valid, unsatisfied judgment and decree not set aside or appealed against. Execution against government is statutorily barred, leaving mandamus as the remedy to compel the accounting officers, who are public officers under Article 260 with statutory duties under the Public Finance Management Act and County Government Act, to settle the decretal sum so the applicant can enjoy the fruits of his judgment.

p. 3
02

Whether respondents' non-payment was justified

Holding

No justification existed for the failure to perform the statutory duty to settle the debt

Reasoning

The court found the judgment debt lawful and certified by a certificate of order. The respondents' procedural objections did not excuse continued non-compliance with a decree that had not been varied or set aside, and their inaction prejudiced the applicant's access to justice.

p. 4

Legal principles established

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  • Mandamus lies to compel public officers to perform a statutory duty to pay a decreeholder where execution against government is barred

Court orders

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  1. 1.An order of mandamus directed at the County Executive Member for Finance, the Chief Officer for Finance and the County Secretary of the County Government of Turkana compelling them to pay the exparte applicant Kshs. 6,236,222/= being the decretal amount, costs of the suit and subsequent costs in Kitale ELC No. 123 of 2017
  2. 2.Costs to the exparte applicant

Authorities

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Legislation

  • Government Proceedings ActSection 21 (incl. 21(3), (4))
  • Civil Procedure (Amendment) Rules, 2020Order 29 Rule 1; Order 23 Rule 1 as read with Order 29 Rule (2)(c)
  • Constitution of KenyaArticle 260; Article 48
  • Public Finance Management ActSections 103, 104, 148, 149
  • County Government Act
  • Halsbury's Laws of England4th Edition, Vol. 7 pg. 111 para 89

Cases cited (10)

  • Republic -vs- County Secretary Nairobi City County and 3 others ex parte Koceyo Advocate
    (2020)
  • Republic -vs- County Secretary, Trans Nzoia County Government & Another, Ex Parte Veteran Pharmaceuticals Limited
    (2019) eKLR
  • Soloh Worldwide Inter-Enterprises -vs- County Secretary Nairobi County & another
    (2016) eKLR
  • Republic -vs- Principal Secretary, Ministry of Internal Security & another exparte Schon Noorani & Another
    (2018) eKLR
  • Republic -vs- Kenya National Examinations Council Ex Parte Gathenji & 8 Others
    Civil Appeal No 234 of 1996
  • Republic -vs- Town Clerk of Webuye County Council & another
    (2014) eKLR
  • Five Star Agencies Limited & another -vs- National Land Commission & 2 others
    (Civil Appeal E290 & 328 of 2023 (Consolidated)) [2024] KECA 439 (KLR)
  • Republic -vs- Town Clerk Kisumu Municipality Ex parte A. African Engineering Consultants
    [2007] 2 EA 441
  • Shah -vs- Attorney General
    [1970] EA 543
  • Republic -vs- Attorney General & Another Ex parte James Alfred Kosoro
    (2013) eKLR
Jurisdiction invoked
Judicial review jurisdiction under the Law Reform Act and Civil Procedure Rules (Order 53), enforcing decree in Kitale ELC No. 123 of 2017

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 Chief Finance Officer County Government of Turkana & 2 others; Erukudi (Ex parte Applicant) (Environment and Land Judicial Review Case E006 of 2025) [2025] KEELC 6850 (KLR)", Case Analysis (2025). Judicial Review (Notice of Motion dated 19/6/2025), Kitale. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/6850/eng@2025-10-08

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