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ELCAllowedJudicial Review (Notice of motion dated 7th July, 2025)· [2026] KEELC 545 (KLR)

Republic v Chief Executive Officer, National Irrigation Authority & another; Ngoje (Ex parte Applicant) (Environment and Land Judicial Review Case E049 of 2025) [2026] KEELC 545 (KLR)

High Court of Kenya
9 February 2026
MCMbogo C.G.
1,427 words in judgment
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The bottom line

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The High Court ordered the National Irrigation Authority's accounting officer to pay a KShs. 50,000 costs award after the applicant served a certificate of order against the government.

What this practically means

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Executive summary

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The ex parte applicant, Ezra Opiyo Ngoje, moved the court by notice of motion dated 7th July, 2025 under Order 53 Rule (3) of the Civil Procedure Rules, seeking an order of mandamus compelling the Chief Executive Officer and Accounting Officer of the National Irrigation Authority and the Authority itself to pay him KShs. 50,000/- in costs awarded by a ruling of the Environment and Land Court dated 11th December, 2024 in Nairobi ELC Miscellaneous Civil Application No. E172 of 2024. He deposed that a formal order was extracted and served, that he obtained a certificate of order against the government dated 9th June, 2025 and served it, yet the decretal sum remained unpaid despite prior demand. The respondents filed no response and no submissions; the application was canvassed by written submissions. The court framed a single issue: whether mandamus ought to issue compelling the respondents to pay the decretal amount. Applying the principles in Republic v Kenya National Examinations Council Ex Parte Gathenji, mandamus compels performance of a public duty imposed by statute. Under Section 21(3) of the Government Proceedings Act, once a certificate of order against the government is served, the accounting officer is under a statutory duty to pay, and payment is not conditioned on budgetary allocation. Finding undisputed service and full compliance with Section 21(3), the court allowed the motion, issued mandamus compelling payment of KShs. 50,000/-, and awarded the applicant costs of the motion.

Key legal issues

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Whether mandamus should issue to compel payment of the decretal sum

Holding

Yes. The applicant obtained a certificate of order against the government, served it, and the decretal sum of Kshs.50,000/- remains unpaid; the accounting officer's statutory duty under Section 21(3) of the Government Proceedings Act is triggered.

Reasoning

The court applied the Gathenji principles: mandamus compels performance of a public duty imposed by statute where the body has failed to perform it to the detriment of a party with a legal right. Section 21(3) of the Government Proceedings Act imposes a statutory duty on the accounting officer to pay sums specified in the certificate once served. Service of the certificate dated 9th June, 2025 was undisputed, and payment is not conditioned on budgetary allocation. All conditions precedent were satisfied, so mandamus issued.

p. 3

Legal principles established

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  • Mandamus is the only remedy to enforce a money decree against the government, with a certificate of order against the government served as a condition precedent

Court orders

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  1. 1.The judicial review order of mandamus is issued against the 1st respondent, the Chief Executive Officer and Accounting Officer, National Irrigation Authority, and the 2nd respondent, to pay the ex parte applicant the sum of Kshs.50,000/- being the amount awarded vide the ruling delivered on 11th December, 2024 in Nairobi ELC Misc Appl. No. E172 of 2024.
  2. 2.The ex parte applicant is awarded costs of this motion.

Authorities

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Legislation

  • Civil Procedure RulesOrder 53 Rule (3)
  • Government Proceedings ActSection 21(1), (2), (3) and (4)

Cases cited (2)

  • Republic v Kenya National Examinations Council Ex Parte Gathenji & 8 Others
    Civil Appeal No 234 of 1996
  • Republic vs. Permanent Secretary Ministry of State for Provincial Administration and Internal Security
    [2012] eKLR
On appeal from
Environment and Land Court
Nairobi ELC Miscellaneous Civil Application No. E172 of 2024
Jurisdiction invoked
Order 53 Rule (3) of the Civil Procedure Rules, on leave granted on 4th July, 2025

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 Executive Officer, National Irrigation Authority & another; Ngoje (Ex parte Applicant) (Environment and Land Judicial Review Case E049 of 2025) [2026] KEELC 545 (KLR)", Case Analysis (2026). Judicial Review (Notice of motion dated 7th July, 2025). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/545/eng@2026-02-09

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