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ELCAllowedNot stated in judgment (arising from ELC Case No. 819 of 2021; Afrison Export Import Limited & Another v The City Council of Nairobi & Another)· [2026] KEELC 789 (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 E138 of 2021) [2026] KEELC 789 (KLR)

High Court of Kenya
18 February 2026
1,244 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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The High Court ordered Nairobi City County to pay a law firm over Kshs.61 million within seven days or face contempt proceedings.

What this practically means

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Executive summary

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The ex parte applicant, a law firm represented by Prof. Tom Ojienda SC, brought an amended notice of motion under Order 53 Rule 3 of the Civil Procedure Rules seeking an order of mandamus compelling the respondents to settle a decretal sum of Kshs.43,582,145.40 plus interest at 14% per annum for 309 days (Kshs.17,938,411.00), totalling Kshs.61,520,556.40. The sums arose from an advocate-client bill of costs dated 22nd July 2021, taxed by the deputy registrar, with a certificate of taxation issued on 3rd November 2023, out of the parent file ELC Case No. 819 of 2021 (Afrison Export Import Limited & Another v The City Council of Nairobi & Another). Following a review on 13th May 2024 allowing interest, the applicant extracted an amended decree and a certificate of order against the government dated 3rd July 2024, served on the respondents on 11th July 2024. Despite demand letters dated 6th November 2023 and 6th July 2024, the respondents, who filed neither a response nor submissions, failed to pay. The court applied the Gathenji principles on mandamus and section 21(3) of the Government Proceedings Act, holding that the accounting officer was under a statutory duty to pay the certified sums. The application was unopposed and was allowed: mandamus issued compelling payment within seven days, with a notice to show cause for contempt in default, and costs awarded to the applicant, borne jointly by the respondents. Judgment delivered virtually on 18th February 2026 by Hon. Mbogo C.G., Judge.

Key legal issues

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Whether mandamus should issue to compel the respondents to settle the taxed advocate-client costs and interest

Holding

Mandamus was granted; the respondents, having been served with the amended decree and certificate of order against the government, were under a statutory duty under section 21(3) of the Government Proceedings Act to pay, and their failure left mandamus as the efficacious remedy.

Reasoning

The court applied the Gathenji principles that mandamus issues to compel performance of a statutory public duty. The applicant obtained a certificate of taxation of Kshs.43,582,145.40 and a certificate of order against the government dated 3rd July 2024, served on the respondents on 11th July 2024. Despite reminders, the respondents failed and refused to pay. Under section 21(3) of the Government Proceedings Act the accounting officer is obliged to pay the certified amount with interest; non-compliance after proper service justified the writ.

p. 3

Legal principles established

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  • Mandamus compels performance of a public duty imposed by statute where the duty-holder has failed to perform it to the detriment of a party with a legal right to its performance.
  • Where a certificate of order against the government is served on the accounting officer and payment is not made, mandamus will issue to compel payment.

Court orders

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  1. 1.An order of mandamus compelling the respondents to pay the ex parte applicant within seven (7) days the decretal amount of Kshs.43,582,145.40/= plus interest at 14% per annum (309 days) of Kshs.17,938,411.00/=, totalling Kshs.61,520,556.40/=
  2. 2.In default, notice to show cause to issue against the respondents why they should not be cited for contempt of court orders
  3. 3.Costs of the application awarded to the ex parte applicant, to be borne jointly by the respondents

Authorities

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Legislation

  • Civil Procedure RulesOrder 53 Rule 3
  • Government Proceedings ActSection 21(3)

Cases cited (2)

  • Republic v Kenya National Examinations Council Ex Parte Gathenji & 8 Others
    Civil Appeal No 234 of 1996
  • Republic v Attorney General & 2 others ex-parte James Gitau Mwangi & another
    [2016] KEHC 7404 (KLR)
Jurisdiction invoked
Order 53 Rule 3 of the Civil Procedure Rules (judicial review, leave granted 18th June 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 County Executive Committee Member, Finance & Economic Affairs, Nairobi City County & 2 others; Tom Ojienda & Associates (Ex parte Applicant) (Environment and Land Miscellaneous Application E138 of 2021) [2026] KEELC 789 (KLR)", Case Analysis (2026). Not stated in judgment (arising from ELC Case No. 819 of 2021; Afrison Export Import Limited & Another v The City Council of Nairobi & Another). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/789/eng@2026-02-18

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