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ELCAllowedJudicial Review (Chamber Summons dated 14th February 2024; Notice of Motion dated 28th October 2024)· [2025] KEELC 8378 (KLR)

Republic & 4 others v Principal Secretary, Ministry of Lands Public Works and Urban Development & 5 others; Mohamed & 3 others (Ex parte Applicants); Land Registrar, Mombasa (Interested Party) (Judicial Review Application E003 of 2024 & Environment and Land Case 136 of 2012 (Consolidated)) [2025] KEELC 8378 (KLR)

Environment and Land Court
28 November 2025
5,764 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~23 min to read original · ~4 min brief

The bottom line

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A Kenyan court forced the Ministry of Lands to pay a court-awarded debt of Kshs. 529,415 within 90 days, showing you can enforce judgments against government.

What this practically means

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Executive summary

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This was an unopposed judicial review application under Order 53 of the Civil Procedure Rules and sections 8 and 9 of the Law Reform Act, brought by four Ex-Parte Applicants seeking an order of mandamus against the Principal Secretary, Ministry of Lands, Public Works, Housing and Urban Development. The Applicants held a judgment delivered in their favour on 10th October 2017 in Mombasa ELCC No. 136 of 2012 (Mohamed Kassam Mohamed & 3 Others v Hamisi Mohamed Mwasaa & 4 Others), a decree issued on 18th December 2017, taxed costs of Kshs. 529,415 certified on 27th April 2022, and a Certificate of Order against the Government issued on 5th June 2023 and served on the Attorney General on 9th June 2023. The decretal sum was never settled. The Respondent and Interested Party did not participate. Justice L. L. Naikuni framed two issues: whether a case for judicial review orders was made out, and costs. Applying the Gathenji mandamus principles and the statutory scheme in section 21 of the Government Proceedings Act, the court held that service of the Certificate of Order against the Government imposed a statutory duty on the accounting officer to pay, that the Applicants had satisfied all conditions precedent, and that prolonging settlement was absurd and contemptuous. Judgment was entered for the Applicants: a writ of mandamus issued compelling the Principal Secretary to satisfy the Certificate of Costs within 90 days, with costs of the suit awarded to the Ex-Parte Applicants, to be borne by the Respondent.

Key legal issues

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Whether the Ex-Parte Applicants made out a case for grant of the judicial review order of mandamus

Holding

Yes. The Applicants obtained a decree, taxed costs, a Certificate of Order against the Government which was served on the Attorney General, and the Respondent failed to satisfy it; mandamus was the proper remedy and was issued compelling the Principal Secretary to satisfy the Certificate of Costs of Kshs. 529,415 within 90 days.

Reasoning

The court applied the Gathenji principles: mandamus compels performance of a public legal duty. Under section 21(1) and (2) of the Government Proceedings Act, a certificate of costs served on the Attorney General triggers a statutory duty under section 21(3) on the accounting officer to pay. The Applicants satisfied all conditions precedent: judgment, decree, taxation, certificate of order against the Government, and service. The court grounded enforcement in Articles 10, 48 and 159(2) of the Constitution and held it would be absurd and contemptuous to prolong settlement. The Respondent did not participate and no appeal was lodged against the judgment.

p. 10
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Who bears the costs of the application

Holding

Costs of the suit awarded to the Ex-Parte Applicants, to be borne by the Respondent, costs following the event under section 27 of the Civil Procedure Act.

Reasoning

The court exercised its discretion under section 27(1) of the Civil Procedure Act, reaffirming that costs follow the event unless the court for good reason orders otherwise, citing Mulla, Kuloba, and the Morgan Air Cargo decision on the circumstances-sensitive nature of the discretion. Having found the application meritorious, the court held the Applicants entitled to costs.

p. 11

Legal principles established

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  • A monetary decree against the Government can only be enforced by way of an order of mandamus compelling the accounting officer in the relevant ministry to pay, and once the 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.

Court orders

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  1. 1.Judgment entered in favour of the Ex-Parte Applicants
  2. 2.A judicial review order in the nature of a writ of Mandamus issued against the Principal Secretary, Ministry of Lands, Public Works, Housing and Urban Development compelling him to satisfy the Certificate of Costs dated 27th April, 2022 in MBA ELCC No. 136 of 2012, Mohamed Kassam Mohamed and 3 others v Hamisi Mohamed Mwasaa & 4 others
  3. 3.The decretal amount to be settled within the next 90 days of delivery of the judgment
  4. 4.Costs of the suit awarded to the Ex-Parte Applicants to be borne by the Respondent
Jurisdiction invoked
Order 53 of the Civil Procedure Rules, 2010; Sections 8 and 9 of the Law Reform Act, Cap. 26

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 & 4 others v Principal Secretary, Ministry of Lands Public Works and Urban Development & 5 others; Mohamed & 3 others (Ex parte Applicants); Land Registrar, Mombasa (Interested Party) (Judicial Review Application E003 of 2024 & Environment and Land Case 136 of 2012 (Consolidated)) [2025] KEELC 8378 (KLR)", Case Analysis (2025). Judicial Review (Chamber Summons dated 14th February 2024; Notice of Motion dated 28th October 2024). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/8378/eng@2025-11-28

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