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ELCAllowedNairobi ELC Judicial Review Application (Notice of Motion dated 12th August 2025)· [2026] KEELC 2861 (KLR)

Njoroge & 2 others v County Government of Nairoві & another (Environment and Land Judicial Review Miscellaneous Application 004 of 2025) [2026] KEELC 2861 (KLR)

Environment and Land Court
14 May 2026
2,627 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~11 min to read original · ~4 min brief

The bottom line

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The Environment and Land Court ordered Nairobi County to pay a Kshs 5.4 million court decree, ruling that budget delays are no excuse for avoiding court orders.

What this practically means

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Executive summary

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This was a judicial review motion by the 2nd Applicant, Susan Nyawira Mathenge, seeking an order of mandamus compelling the Accounting Officer of the County Government of Nairobi to satisfy a decree arising from Nairobi ELC Petition No. 4 of 2018 (Anthony Njoroge & 2 Others v County Government of Nairobi & the Attorney General), in which judgment of 7th July 2020 awarded her Kshs. 4,947,400 for violation of her constitutional right to property, plus costs taxed at Kshs. 497,882 on 20th July 2022. She obtained a decree on 13th January 2023, extracted a certificate of order against the Government on 28th August 2023 and served it on 18th October 2023, yet the decretal sums remained unpaid. The Respondents, through the County Chief Officer Finance, did not dispute the decree but attributed non-payment to the budgetary process under the Public Finance Management Act and sought time to include the sum in the next budget cycle. The court framed a single issue: whether mandamus should issue. Relying on the Gathenji principles and authorities including the Meru County Government and Waithaka decisions, the court held that a decree is a command rather than a suggestion, that budgetary constraints cannot justify non-payment of lawful decrees, and that once a certificate of order against the Government is issued and served, a statutory duty to pay arises which is not conditional on budgetary allocation. Finding no concrete steps taken towards settlement, the court allowed the motion, issued mandamus against the Accounting Officer to settle the decretal sum and costs, and awarded the Applicant costs of the application.

Key legal issues

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Whether mandamus lies to compel payment of a decree against a county government notwithstanding the budgetary process

Holding

Mandamus issued against the Accounting Officer to satisfy the decretal sum and costs, as the applicant had complied with all conditions precedent to enforcement and the Respondents' budgetary-cycle excuse could not justify continued non-payment

Reasoning

The court applied the Gathenji principles that mandamus compels performance of a public duty where a specific legal right exists. The applicant had taxed costs, obtained a decree and a certificate of order against the Government, and served it. The Respondents conceded the debt remained unpaid but attributed delay to the Public Finance Management Act budgetary process. Relying on precedent, the court held that a decree is a command, not a suggestion, and that non-allocation of funds is not a lawful excuse absent evidence of concrete steps towards settlement.

p. 5

Legal principles established

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  • Budgetary constraints or lack of allocation cannot by themselves justify the failure by Government entities to satisfy lawful court decrees
  • Once a Certificate of Order against the Government is issued and served under Section 21 of the Government Proceedings Act, a statutory duty arises requiring the accounting officer to satisfy the decree
  • Payment of a lawful decree is not conditional upon budgetary allocation or parliamentary approval

Court orders

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  1. 1.An order of mandamus issued against the Accounting Officer of the 1st Respondent to comply with the judgment and decree in Nairobi ELC Petition No. 4 of 2018 Anthony Njoroge & 2 Others v County Government of Nairobi and the Attorney General for settlement of the decretal sum of Kshs 4,947,400.00 and costs of Kshs 497,882.00 to the 2nd Applicant
  2. 2.The 1st and 2nd Respondents shall bear the costs of the application
Jurisdiction invoked
Sections 1A, 1B and 3A of the Civil Procedure Act; Sections 8 and 9 of the Law Reform Act; Order 53 Rules 3(1)(2)(3)&(4) of the Civil Procedure Rules 2010, following leave granted on 23rd July 2025 to commence judicial review proceedings

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, "Njoroge & 2 others v County Government of Nairoві & another (Environment and Land Judicial Review Miscellaneous Application 004 of 2025) [2026] KEELC 2861 (KLR)", Case Analysis (2026). Nairobi ELC Judicial Review Application (Notice of Motion dated 12th August 2025). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/2861/eng@2026-05-14

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