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ELCAllowedJudicial Review Application (Notice of Motion dated 7th July 2025)· [2026] KEELC 548 (KLR)

Republic v Chief Executive Officer, National Irrigation Authority & another; Akura (Ex parte Applicant) (Environment and Land Judicial Review Case E050 of 2025) [2026] KEELC 548 (KLR)

High Court of Kenya
9 February 2026
MCMBOGO C.G.
1,426 words in judgment
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The bottom line

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The High Court ordered the National Irrigation Authority to pay a court-awarded sum, confirming that government bodies must pay judgments once properly served with the right certificate.

What this practically means

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Executive summary

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The ex parte applicant obtained a ruling on 11th December 2024 in Nairobi ELC Miscellaneous Civil Application No. E171 of 2024 against the National Irrigation Authority, a government entity, awarding him Kshs.50,000/- in costs. The decretal sum remained unpaid despite extraction of a formal order dated 8th January 2025 and service of a certificate of order against the government dated 9th June 2025. Armed with leave granted on 6th July 2025, the applicant filed a substantive motion under Order 53 Rule (3) of the Civil Procedure Rules seeking an order of mandamus compelling the CEO and Accounting Officer of the National Irrigation Authority to pay the decretal sum. The respondents filed neither a response nor written submissions, and the motion was canvassed by written submissions. The court set out the principles for mandamus from Republic v Kenya National Examinations Council Ex Parte Gathenji, and the framework for enforcing money decrees against the government under section 21 of the Government Proceedings Act, including the Republic v Permanent Secretary, Ministry of State for Provincial Administration decision that the government is immune from execution, so mandamus compelling the accounting officer is the sole enforcement avenue. Finding that service of the certificate was undisputed and the sum remained unpaid, the court held the applicant had satisfied the conditions precedent under section 21(3). The motion was allowed: mandamus was issued compelling payment of Kshs.50,000/- and the applicant was awarded costs. Judgment delivered virtually by Hon. Mbogo C.G. on 9th February 2026.

Key legal issues

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Whether mandamus should issue to compel the respondents to pay the decretal sum of Kshs.50,000/- awarded against the National Irrigation Authority

Holding

Mandamus issued; the applicant complied with section 21(3) of the Government Proceedings Act by obtaining and serving a certificate of order against the government, imposing a statutory duty on the accounting officer to pay.

Reasoning

The court applied the Gathenji principles that mandamus compels performance of a public duty imposed by statute. Relying on section 21(3) of the Government Proceedings Act, the court found the applicant had obtained a certificate of order against the government dated 9th June 2025 and served it on the respondents. Service was undisputed yet the decretal sum remained unpaid, demonstrating breach of the accounting officer's statutory duty to pay.

p. 3

Legal principles established

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  • Once a certificate of order against the government is served, section 21(3) of the Government Proceedings Act imposes a statutory duty on the accounting officer to pay the sums specified, and payment is not conditioned on budgetary allocation or parliamentary approval.
  • Decrees against the government can only be enforced by way of mandamus compelling the accounting officer to pay, as the government is immune from execution and attachment.

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 against the 2nd respondent vide the ruling delivered on 11th December 2024 in Nairobi ELC Misc Appl. No. E171 of 2024
  2. 2.The ex parte applicant is awarded costs of the 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
Jurisdiction invoked
Order 53 Rule (3) of the Civil Procedure Rules (judicial review; leave granted 6th 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; Akura (Ex parte Applicant) (Environment and Land Judicial Review Case E050 of 2025) [2026] KEELC 548 (KLR)", Case Analysis (2026). Judicial Review Application (Notice of Motion dated 7th July 2025). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/548/eng@2026-02-09

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