Skip to content
AI-generated case briefs sourced from Kenya Law · Not legal advice
Caselaw
AI-generated case brief
Case Brief · caselaw.co.ke
ELRCPartially AllowedJudicial Review Application arising from Nyeri ELRC Petition 26 of 2020 (Notice of Motion dated 6th March 2024)· [2024] KEELRC 2759 (KLR)

Kenya Medical Practitioners, Pharmacists and Dentists Union v Laikipia County Service Public Board & 2 others (Judicial Review Application E001 of 2024) [2024] KEELRC 2759 (KLR)

Employment and Labour Relations Court
8 November 2024
OMOnesmus N Makau
1,915 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~8 min to read original · ~4 min brief

The bottom line

#

What this practically means

#

Executive summary

#
The Ex-parte Applicant obtained leave and filed a Notice of Motion dated 6th March 2024 seeking an order of mandamus to compel the Respondents to pay Kshs. 15,000,000 in taxed costs from Nyeri ELRC Petition 26 of 2020, a notice to show cause against the 1st Respondent's Chairman and Secretary for committal to civil jail, and fixed costs of Kshs. 100,000. The petition had been dismissed with costs, the bill taxed on 16th August 2023, and the 1st Respondent's application challenging the taxation struck out on 27th October 2023. Despite service of the Certificate of Taxation and Certificate of Order Against the Government, the debt remained unpaid. The Respondents, in a Replying Affidavit sworn by the 3rd Respondent, Josephat Lekamario, attributed the default to financial constraints and lack of budgetary allocation, noting the annual budget of Kshs. 14,000,000 could not cover the debt, and cited ongoing payment plan negotiations. The court framed one main issue: whether sufficient grounds existed for mandamus. Applying the Gathenji principles, it held mandamus compels performance of public statutory duties. The obligation was undisputed; the applicant had complied with section 21 of the Government Proceedings Act, which bars ordinary execution against a county government. Holding that a Certificate of Costs is a lawful command to be complied with without delay, and that the budget cycle had closed, the court found the default unjustified. Mandamus issued compelling payment of Kshs. 15,000,000. The committal notice was declined as premature and fixed costs of Kshs. 100,000 were declined for lack of basis; costs of the suit were awarded to be agreed or taxed.

Key legal issues

#
01

Whether mandamus lies to compel a county government to pay taxed costs

Holding

Mandamus issued because the applicant held a valid Certificate of Costs and Certificate of Order Against the Government, complied with section 21 of the Government Proceedings Act, and the respondents, who did not dispute the debt, had sufficient time to mobilize funds but persisted in default.

Reasoning

The court applied the Gathenji principles that mandamus compels performance of public statutory duties. The obligation to pay taxed costs was undisputed. Budgetary constraints could not justify indefinite delay; the budget-making process had ended and the debt remained unpaid. Citing Majanja J in the Webuye case, the court favoured an interpretation securing the decree holder's accrued rights and access to justice.

p. 4
02

Whether the decree-holder may execute against a county government

Holding

No; the applicant cannot execute under the Civil Procedure Rules and must pursue payment under section 21 of the Government Proceedings Act, which applies with modifications to county governments.

Reasoning

Section 21 provides for satisfaction of orders against government through a certificate issued by the proper officer and payment by the Accounting Officer, and expressly bars execution or attachment, applying with necessary modifications to civil proceedings by or against a county government. The applicant followed this procedure.

p. 3

Legal principles established

#
  • A Certificate of Costs from the Court is a lawful command that must be complied with without delay
  • Mandamus issues to compel performance of a public duty imposed by statute where the duty has not been performed to the detriment of a party with a legal right to expect performance

Court orders

#
  1. 1.An order of mandamus compelling the respondents to pay the applicant Kshs. 15,000,000 being the costs awarded in Nyeri ELRC Petition No E026 of 2020
  2. 2.The applicant awarded costs of this suit, to be agreed upon or taxed

Authorities

#

Legislation

  • Government Proceedings Actsection 21
  • Constitution of KenyaArticles 10, 159(2)(a) & (b), 48
  • Civil Procedure Rules
  • ELRC Procedure RulesRule 28(3)

Cases cited (2)

  • Republic v Kenya National Examination Council ex-parte Gathenji & 8 others
    Civil Appeal No. 234 of 1996
  • Republic v Town Clerk of Webuye County Council & Another
    [2014] eKLR
Jurisdiction invoked
Judicial review jurisdiction (mandamus) following leave granted on 28th February 2024; section 21 of the Government Proceedings Act

Key timeline

#

Practical implications

#

Frequently asked questions

#

Cite this brief

#

Cite this brief

Caselaw, "Kenya Medical Practitioners, Pharmacists and Dentists Union v Laikipia County Service Public Board & 2 others (Judicial Review Application E001 of 2024) [2024] KEELRC 2759 (KLR)", Case Analysis (2024). Judicial Review Application arising from Nyeri ELRC Petition 26 of 2020 (Notice of Motion dated 6th March 2024). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2024/2759/eng@2024-11-08

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