Republic v Principal Secretary, State Department, Ministry of Interior and Coordination of National Government Ex parte Applicant Geoffrey Rono [2021] KEELRC 636 (KLR)

The Respondent argued that judicial review is not among the powers conferred by section 12(1) of the ELRC Act and that enforcement of a decree is unrelated to the employer-employee relationship, invoking Owners of Motor Vessel 'Lilian S'. The Court rejected this, reasoning that the mandamus sought is inextricably tied to a judgment of the ELRC itself, and the Court has power under section 12 to grant appropriate relief and to enforce judgments in accordance with the Civil Procedure Act, as held in Judicial Service Commission v Gladys Boss Shollei.

The applicant demonstrated that judgment and a certificate of order against the Government had been issued in ELRC Cause No. 403 of 2014, demand notices were served, and the Respondent did not deny owing the decretal sum nor show any pending appeal. Citing Njuguna v Minister for Agriculture, the Court found a prima facie case warranting leave to enforce the decree by mandamus.

The Respondent argued that only upon grant of leave can the Republic be named as applicant. The Applicant, relying on Article 159(2)(d) and authorities including Republic v Chairman Matungu Land Dispute Tribunal Ex parte Electina Wangona and Mwala Land Dispute Tribunal v Kiilu Mathuva, contended the error was procedural and did not affect the substance. The Court dealt with the application on its merits.