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)
The bottom line
#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
#Executive summary
#Key legal issues
#Requirements for mandamus against county government officers to satisfy an ascertained decretal sum
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.
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.
Legal principles established
#- 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
#- 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.The Respondents shall comply and settle the decretal sum within one hundred and twenty (120) days from the date of the judgment
- 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
#Practical implications
#Frequently asked questions
#Cite this brief
#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.