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ELRCAllowedNot stated (Judicial Review Motion filed 21 December 2023)

Republic v Chief Finance Officer, County Government of Homa Bay & 2 others; Kenya Medical Practitioners Pharmacists and Dentists Union & 3 others (Exparte Applicants) (Judicial Review E042 of 2023) [2024] KEELRC 559 (KLR)

Employment and Labour Relations Court
13 March 2024
447 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~2 min to read original · ~4 min brief

The bottom line

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Kenya's Employment Court forced Homa Bay County to pay unions their court-awarded costs with 14% interest after the county ignored payment demands.

What this practically means

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Executive summary

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The ex-parte applicants, four health-sector trade unions, obtained leave on 30 November 2023 to commence judicial review proceedings against the Chief Finance Officer, the Executive Member for Finance and the County Government of Homa Bay seeking enforcement of taxed costs. The costs arose from Kisumu Petition No. 30 of 2020 in which the County Government had sued the unions' members over a strike, alleging breach of contract and constitutional violation; the cause was withdrawn on 13 April 2021 with costs awarded to the unions. The unions taxed their costs at Kshs 445,015/- on 7 September 2023, and a Certificate of Costs and a Certificate of Order against the County Government were issued the same day. Despite engagements, the Respondents did not settle, prompting the Motion filed on 21 December 2023. The Respondents filed Grounds of Opposition dated 12 February 2024 but no replying affidavit. The court found the salient facts undisputed: costs were awarded, taxed, certificated and unsatisfied, and the Respondents adduced no affidavit to contradict the assertion of non-payment. Holding that the applicants had made out a case for mandamus, the court on 13 March 2024 issued an order of mandamus directing the county finance officers and the County Government to pay Kshs 445,015/- with interest at court rates at 14% per annum from 7 September 2023, and awarded the costs of the proceedings to the ex-parte applicants.

Questions the Court framed

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The issues the Court set itself to decide, in its own words.

  1. 1.Whether the ex-parte applicants had made out a case for an order of mandamus to compel the Respondents to satisfy the taxed costs

Key legal issues

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01

Entitlement to mandamus to enforce payment of taxed costs against a county government

Holding

Mandamus was granted compelling the county finance officers to pay the taxed costs with interest.

Reasoning

The facts were not in dispute: costs were awarded when the county's petition was withdrawn, the costs were taxed at Kshs 445,015/-, a Certificate of Costs and a Certificate of Order against the County Government were issued on 7 September 2023, and the county failed to settle despite engagement. The Respondents filed grounds of opposition but swore no affidavit to contest the assertions of non-payment, so the applicants established the case for mandamus.

p. 2

Legal principles established

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  • Where a certificate of order against a government has been issued and the respondent does not rebut by affidavit its failure to satisfy the decretal amount, mandamus lies to compel payment.

Court orders

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  1. 1.An order of judicial review by way of mandamus directing the Chief Officer, Finance, the Executive Committee Member Finance and the County Government of Homa Bay to pay the ex-parte applicants Kshs 445,015/- together with interest at court rates at 14% per annum from 7 September 2023
  2. 2.Costs of the proceedings awarded to the ex-parte applicants

The bench

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One judgment of the whole court — no separate or dissenting opinions.

majority

Wrote the judgment

Jurisdiction invoked
Judicial review jurisdiction under leave granted on 30 November 2023 (statutory basis not expressly cited in the judgment)

Quotable passages

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Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.

It follows therefore that the ex-parte applicants have made a case for the grant of an order of mandamus to compel the Respondents to satisfy the costs.
p. 2Entitlement to mandamus
An order of judicial review by way of mandamus is hereby issued directing the Chief Oficer, Finance, County Government of Homa Bay, the Executive Committee Member Finance, County Government of Homa and the County Government of Homa Bay to pay the ex-parte applicants the sum of Kshs 445,015/- together with interest at court rates at 14% per annum from 7 September 2023.
p. 2Final orders - mandamus issued

Issues in the judgment

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minor

The judgment's numbered orders paragraph is incomplete - it introduces orders with 'the Court orders: (i)' but contains only one substantive order (mandamus) plus costs, suggesting an apparent typographical or formatting omission.

minor

Names of respondents inconsistently rendered ('Chief Finance Officer' in heading versus 'Chief Oficer, Finance' in orders; 'Executive Member for Finance' versus 'Executive Committee Member Finance').

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, "Republic v Chief Finance Officer, County Government of Homa Bay & 2 others; Kenya Medical Practitioners Pharmacists and Dentists Union & 3 others (Exparte Applicants) (Judicial Review E042 of 2023) [2024] KEELRC 559 (KLR)", Case Analysis (2024). Not stated (Judicial Review Motion filed 21 December 2023). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2024/559/eng@2024-03-13

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