Republic v County Secretary, County Government of Uasin Gishu & 2 others; Wanjao (Ex parte Applicant) (Environment and Land Judicial Review Case E003 of 2025) [2025] KEELC 8212 (KLR)

The court read Order 53 Rules 1 and 2 and section 9(1) and (2) of the Law Reform Act. Order 53 Rule 2 expressly limits only applications for leave to apply for certiorari to six months. Section 9(2) permits rules to prescribe time limits for mandamus only in 'specified proceedings', and no such rules exist for execution against government. Relying on Joseph Muriithi Nyaga v Embu County Government, the court held the six-month rule inapplicable to mandamus, so the application was neither time barred nor contra-statute.

Section 21(1) and (2) requires a Certificate of Order against the Government to be issued by the proper officer and served; section 21(3) obliges the Accounting Officer to pay; section 21(5) applies the section to county governments. The certificate on the record bore the receiving stamp of the Office of the County Attorney, Uasin Gishu County, dated 03.05.2024. The respondents' denials were found false and no challenge was raised to the form of the certificate issued by the Deputy Registrar ELC Court.

Mandamus lies where a public officer or authority has a public duty imposed by statute which, despite demand, has not been performed. The applicant complied with the elaborate procedure under section 21 of the Government Proceedings Act, obtained and served the Certificate of Order, and the respondents failed to pay. Following Odunga J in the Nassir Mwadhihi case, the procedure is meant to give notice to government, not to relieve it of its obligation to satisfy court decrees. The respondents' budgetary appropriation arguments did not defeat the order.