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ELRCAllowedMeru ELRC Misc Application (Notice of Motion dated 7th February 2024)

Republic v County Government of Meru & 4 others; Misheck (Exparte Applicant) (Judicial Review Application E002 of 2024) [2024] KEELRC 2760 (KLR)

Employment and Labour Relations Court
8 November 2024
1,739 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~7 min to read original · ~4 min brief

The bottom line

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A Kenyan court ordered Isiolo County Government to pay a worker's court-awarded compensation, ruling that financial excuses cannot indefinitely delay payment of a court decree.

What this practically means

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Executive summary

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The ex-parte applicant, injured in the course of employment by the 1st respondent county government, obtained a DOSH compensation assessment of Kshs. 192,301/= which was adopted as a decree of the court in Meru ELRC Misc Application No E005 of 2022, with costs later taxed at Kshs. 87,020/=. A certificate of order against government issued on 19th October 2023 was not honoured. By a Notice of Motion dated 7th February 2024, he sought mandamus compelling the respondents to pay the decretal sum, costs, and interest. The respondents, through a replying affidavit sworn by the 3rd respondent, did not dispute the debt, but attributed non-payment to delayed disbursements by the National Treasury and sought five months to budget and settle. The applicant relied on section 21 of the Government Proceedings Act and authorities including Gathenji on the circumstances for mandamus. The court framed a single issue: whether sufficient grounds for mandamus had been demonstrated. Holding that a decree is a command, not a suggestion, that the statutory bar on execution against government leaves mandamus as the remedy, and that the respondents had persisted in default despite sufficient time to mobilise funds, the judge allowed the application and ordered mandamus compelling payment of Kshs. 192,301/= plus Kshs. 87,020/= certified costs, with interest at court rates from the date of judgment until payment in full, and awarded the applicant the costs of the suit. Judgment delivered at Nyeri on 8th November 2024.

Questions the Court framed

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

  1. 1.Whether the applicant has demonstrated sufficient grounds upon which the order of mandamus can be issued

Key legal issues

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01

Circumstances for issuance of an order of mandamus to compel payment of a decree against a county government

Holding

Mandamus was granted because the respondents did not dispute the obligation, possessed the certificate of order against government, had been given time, and persisted in default.

Reasoning

The court adopted the Gathenji formulation that mandamus lies where there is a specific legal right and no specific legal remedy. Section 21 of the Government Proceedings Act bars execution against government, leaving mandamus as the remedy against the Accounting Officer. The respondents explained delayed disbursements from the National Treasury and requested five months to budget, but the court found they had had sufficient time and persisted in default, justifying the order.

p. 4

Legal principles established

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  • Mandamus issues to compel a person or body to perform 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.
  • A decree of the court is a command that must be complied with;financial constraints do not justify indefinite default.

Court orders

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  1. 1.An order of Mandamus issued compelling the Respondents to pay the Applicant Kshs. 192,301/= being the decretal sum awarded in Meru ELRC Misc Application No E005 of 2022
  2. 2.Payment of Kshs. 87,020/= being certified costs, together with interest at court rates from date of judgment until payment in full
  3. 3.The applicant awarded costs of this suit

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 to compel performance of statutory public duty under section 21 of the Government Proceedings Act;ELRC Procedure Rules

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.

Consequently, I allow the application and enter judgment for the applicant, against the respondents
p. 4disposition
An order of Mandamus be and is hereby issued compelling the Respondents to pay the Applicants the sum of Kshs. 192,301/= being the decretal sum awarded to him in Meru ELRC Misc Application No E005 of 2022 plus Kshs.87,020 being the costs certified by the court together with interest thereon at court rates from date of judgement until payment in full.
p. 4final orders - mandamus
the decree of the court is not a suggestion but a command to be complied with by the person to whom it is directed.
p. 4effect of decrees against government

Issues in the judgment

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minor

The names of the respondents are not fully set out in the judgment; the parties are referred to only as 'the Respondents' and by rank in the affidavit (Charles Mwenda, 3rd respondent).

minor

The case number of the application is not expressly stated; only the related Meru ELRC Misc Application No E005 of 2022 is cited.

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 County Government of Meru & 4 others; Misheck (Exparte Applicant) (Judicial Review Application E002 of 2024) [2024] KEELRC 2760 (KLR)", Case Analysis (2024). Meru ELRC Misc Application (Notice of Motion dated 7th February 2024). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2024/2760/eng@2024-11-08

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