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ELCAllowedJudicial Review (ex parte) Notice of Motion dated 7th July 2025· [2026] KEELC 2207 (KLR)
Republic v Chief Executive Officer, National Irrigation Authority & another; Akura (Ex parte Applicant) (Environment and Land Judicial Review Case E048 of 2025) [2026] KEELC 2207 (KLR)
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#What this practically means
#Executive summary
#The ex parte applicant, Solomon Owiti Akura, was awarded costs of Kshs. 50,000/- against the National Irrigation Authority by the Environment and Land Court in a ruling delivered on 11th December 2024 in Nairobi ELC Miscellaneous Civil Application No. E170 of 2024. Despite extraction and service of a formal order and subsequent service of a certificate of order against the government dated 9th June 2025, the respondents did not pay the decretal sum. The applicant moved the High 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 to pay the amount. The respondents filed neither a response nor submissions. The court framed a single issue: whether mandamus ought to issue compelling the respondents to pay the decretal amount. Applying the Gathenji principles on mandamus and the framework in section 21 of the Government Proceedings Act, and adopting the holding in Republic v Permanent Secretary Ministry of State for Provincial Administration and Internal Security that decrees against the government are enforceable only by mandamus against the accounting officer, the court found the applicant had satisfied the conditions precedent, including obtaining and serving the certificate of order against the government, and that service was undisputed. The court held that the applicant had demonstrated compliance with section 21(3), imposed a statutory duty on the accounting officer to pay, and allowed the motion, issuing mandamus against both respondents to pay the Kshs. 50,000/- and awarding the applicant costs of the motion.
Key legal issues
#01
Whether mandamus should issue to compel payment of a decretal sum against a government entity
Holding
Mandamus issued; the applicant complied with section 21(1), (2) and (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 on mandamus and the section 21(3) Government Proceedings Act framework. The applicant obtained a ruling awarding costs of Kshs. 50,000/- against the National Irrigation Authority, obtained a certificate of order against the government dated 9th June 2025, and served it on the respondents. Service was undisputed and the decretal sum remained unpaid, so the statutory duty to pay had been triggered.
p. 3
Legal principles established
#- An order of mandamus compels the 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 expect performance.
- Decrees against the government can only be enforced by mandamus against the accounting officer, and once a certificate of order against the government is served, section 21(3) imposes a statutory duty to pay, not conditioned on budgetary allocation.
Court orders
#- 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. E170 of 2024.
- 2.The ex parte applicant is awarded costs of this motion.
- On appeal from
- Environment and Land Court
- Nairobi ELC Miscellaneous Civil Application No. E170 of 2024
- Jurisdiction invoked
- Order 53 Rule (3) of the Civil Procedure Rules (judicial review; mandamus to enforce decree against government under Section 21(3) of the Government Proceedings Act)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Republic v Chief Executive Officer, National Irrigation Authority & another; Akura (Ex parte Applicant) (Environment and Land Judicial Review Case E048 of 2025) [2026] KEELC 2207 (KLR)", Case Analysis (2026). Judicial Review (ex parte) Notice of Motion dated 7th July 2025. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/2207/eng@2026-04-22
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.