Republic v County Secretary Nyamira County & 3 others; Mosagwe & 2 others (Ex parte Applicants) (Environment and Planning Judicial Review E001 of 2026) [2026] KEELC 3509 (KLR)
The bottom line
#Kenya's High Court ordered Nyamira County to pay a judgment debt within 90 days, confirming counties cannot hide behind budgeting excuses forever.
What this practically means
#Executive summary
#Key legal issues
#Whether an order of mandamus should issue compelling the Respondents to satisfy the decretal sums
Mandamus issued. The Respondents had a clear statutory duty under Section 21(3) of the Government Proceedings Act to pay sums certified against the County Government, the decree and certificate of satisfaction order had been served, and no other adequate remedy of execution was available against a county government.
The court traced the scope of mandamus from the Gathenji decision: it commands only what a party is legally bound to perform. Judgment was delivered on 16th November 2021 and service of the decree, certificate of costs and certificate of satisfaction order was effected on 13th November 2025. The Respondents did not deny the judgment or challenge the documents, but pleaded public finance procedures without showing any steps taken or proposal to settle. Section 21(5) applies Section 21 to county governments, creating the duty the court enforced.
Whether reliance on public finance and appropriation procedures defeats mandamus
Rejected. The Respondents invoked public finance procedures but gave no details of any steps taken or any proposal on how and when the decree would be satisfied.
The court accepted that a general duty with discretion as to mode cannot be commanded in a specific way, and granted the Respondents 90 days to accommodate budgetary and public finance processes. However, an unexplained and indefinite reliance on such procedures cannot excuse a statutory payment duty that had gone unperformed for over five years after formal service of the decree and certificate.
Legal principles established
#- Under Section 21(3) of the Government Proceedings Act, the Accounting Officer of a Government department (applicable to county governments by Section 21(5)) has a legal duty to pay sums certified against the Government together with interest lawfully due
- A decree against a county government cannot be enforced by attachment and sale of assets or by committal to civil jail; where no other adequate remedy exists, mandamus lies to compel payment
Court orders
#- 1.An order of mandamus compelling the Respondents to pay the Ex Parte Applicants the decretal sum of KShs 1,468,000.00 and KShs 696,300.00 being general damages and costs awarded in Nyamira ELC Case No. 21 of 2021, Hosea Nyandika Mosagwe & 2 Others v The County Government of Nyamira, judgment delivered 16th November 2021
- 2.The Respondents to settle the decretal sum together with interest within 90 (ninety) days from the date of delivery of the judgment
- 3.The Ex Parte Applicants to have costs of the judicial review proceedings
- Jurisdiction invoked
- Judicial review jurisdiction of the High Court under Order 53 of the Civil Procedure Rules; leave to commence judicial review proceedings granted on 29th January 2026
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Republic v County Secretary Nyamira County & 3 others; Mosagwe & 2 others (Ex parte Applicants) (Environment and Planning Judicial Review E001 of 2026) [2026] KEELC 3509 (KLR)", Case Analysis (2026). Judicial Review Proceedings (Notice of Motion dated 26th February 2026). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/3509/eng@2026-06-10
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.