Nderitu v Muriithi & 3 others (Environment and Land Case 823 of 2013) [2026] KEELC 5061 (KLR)
The bottom line
#A Nairobi court reinstated a land judgment after defendants ignored payment conditions, confirming county governments can only be paid through a statutory certificate, not asset seizure.
What this practically means
#Executive summary
#Key legal issues
#Whether the judgment of 27th April 2022 and Decree of 14th June 2022 should be reinstated following the 1st to 3rd Respondents' non-compliance with conditional orders
The judgment and decree are reinstated; the Defendants forfeited their right to defend by failing to pay the thrown-away costs imposed as a condition of setting aside the judgment
The Court had set aside judgment on condition that the 1st to 3rd Defendants file their defence within 7 days and pay thrown-away costs of Kshs. 200,000/= within 14 days. After default, the Court granted a further 14-day extension on 21st November 2025, again without compliance. Having been given two opportunities and offering no explanation, the Defendants could not benefit from a defence deemed filed only upon payment of costs.
Whether an Order Against the Government enforceable against the 4th Respondent (Nairobi County Government) should issue
A certificate of Order against the Government shall issue under section 21 of the Government Proceedings Act, since ordinary execution by attachment does not lie against the government
Judgment had been entered, no stay was in place, the application was unopposed, and section 21(1) of the Government Proceedings Act prescribes the exclusive statutory procedure for enforcing judgments against County Governments. Upon issuance and service of the certificate, the accounting officer is under a statutory duty to satisfy the decree.
Legal principles established
#- A party who fails to comply with conditions attached to the setting aside of a judgment forfeits the benefit of that indulgence and cannot rely on a defence deemed filed only upon compliance
- Execution against the Government is by certificate of Order against the Government under section 21 of the Government Proceedings Act, not by attachment
Court orders
#- 1.The judgment of Hon. Lady Justice J.N. Mogeni dated 27th April 2022 is reinstated
- 2.The Decree issued on 14th June 2022 remains valid and enforceable
- 3.A certificate of Order against the Government shall issue in respect of the judgment and decree against the Nairobi County Government
- 4.The Certificate shall be served upon the relevant accounting officer of the county government in accordance with section 21 of the Government Proceedings Act
- 5.Costs of the application shall be in the cause
- Jurisdiction invoked
- Sections 1A, 3A and 99 of the Civil Procedure Rules
Key timeline
#Practical implications
#Frequently asked questions
#Later judgments citing this (1)
#Judgments in the corpus that rely on this one. Where the Court said how it treated the authority, that is shown.
- Kagwanja v Town Clerk Town Council of Molo & 4 others (Environment & Land Case 85 of 2013) [2024] KEELC 722 (KLR)[2024] KEELC 722 (KLR)15 Feb 2024
Cite this brief
#Cite this brief
Caselaw, "Nderitu v Muriithi & 3 others (Environment and Land Case 823 of 2013) [2026] KEELC 5061 (KLR)", Case Analysis (2026). ELC No. 823 of 2013. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/5061/eng@2026-07-31
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.