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ELCAllowedNot stated in judgment· [2026] KEELC 538 (KLR)

Republic v County Executive Committee Member, Finance & Economic Affairs, Nairobi City County & 2 others; Tom Ojienda & Associates (Ex parte Applicant) (Environment and Land Miscellaneous Application E135 of 2021) [2026] KEELC 538 (KLR)

High Court of Kenya (Judicial Review)
3 February 2026
1,822 words in judgment
View original judgmentRead on Kenya Law Watch case
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·~7 min to read original · ~4 min brief

The bottom line

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The High Court ordered Nairobi City County to pay a law firm Kshs 716,758 within 120 days, confirming mandamus as the way to enforce court judgments against government.

What this practically means

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Executive summary

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The Ex-parte Applicant, Prof. Tom Ojienda & Associates, moved the High Court by Notice of Motion dated 6th August 2025 under Articles 47 and 48 of the Constitution, Sections 8 and 9 of the Law Reform Act and Order 53 of the Civil Procedure Rules, seeking mandamus to compel three Nairobi City County officers (the CECM for Finance, the County Secretary and the Chief Officer Finance/County Treasurer) to satisfy a decretal sum of Kshs. 716,758.20 arising from taxation of an Advocate-Client Bill of Costs, with judgment entered on 30th April 2024 and a Certificate of Order against the Government issued on 13th June 2025. The Respondents opposed, attributing non-payment to budgetary procedures and administrative processes and contending prematurity. The court framed three issues: the requirements for mandamus, merits, and costs. Reviewing the authorities on mandamus, including the Gathenji line of cases, the court held that mandamus compels performance of a public duty imposed by statute, cannot compel performance in a specific manner unless the amount is ascertained, and is the only effective remedy against government because Section 21(4) of the Government Proceedings Act bars execution or attachment. Finding the decree valid, wholly unsatisfied, never stayed, appealed or compromised, and the Respondents' explanations unable to defeat the decree-holder's right to the fruits of judgment contrary to Article 48, the court issued mandamus compelling payment of Kshs. 716,758.20 within 120 days, with costs to the Applicant.

Key legal issues

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Requirements for mandamus against county government officers to satisfy an ascertained decretal sum

Holding

Mandamus issues where there is a clear, specific and enforceable legal right, a statutory public duty, and no alternative effective remedy; budgetary constraints and internal administrative processes cannot defeat a decree-holder's right.

Reasoning

The court restated the nature of mandamus from authority: it commands performance of a public duty imposed by statute, and cannot compel performance in a particular manner unless the amount is ascertained. Here the decretal sum of Kshs. 716,758.20 was fully ascertained by judgment, certificate of taxation and certificate of order against the government, and wholly unsatisfied. The respondents showed no stay, appeal, set-aside or compromise. Their budgetary explanations could not defeat the duty flowing from the court's own judgment, and denial of the fruits of judgment would offend Article 48's guarantee of access to justice.

p. 4

Legal principles established

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  • Once a valid decree against a government exists, the responsible officers are under a legal and statutory duty to satisfy it; execution being barred, mandamus is the only effective remedy.
  • Section 21(4) of the Government Proceedings Act bars execution or attachment against government, leaving mandamus as the route to enforce payment of a decree against government.

Court orders

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  1. 1.An order of mandamus compelling the Respondents to pay the Ex-parte Applicant the decretal sum of Kshs. 716,758.20 pursuant to the judgment of 30th April 2024 and the Certificate of Order against the Government of 13th June 2025
  2. 2.The Respondents shall comply and settle the decretal sum within one hundred and twenty (120) days from the date of the judgment
  3. 3.The Ex-parte Applicant shall have the costs of the application
Jurisdiction invoked
Articles 47 and 48 of the Constitution; Sections 8 and 9 of the Law Reform Act; Order 53 of the Civil Procedure Rules

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 County Executive Committee Member, Finance & Economic Affairs, Nairobi City County & 2 others; Tom Ojienda & Associates (Ex parte Applicant) (Environment and Land Miscellaneous Application E135 of 2021) [2026] KEELC 538 (KLR)", Case Analysis (2026). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/538/eng@2026-02-03

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