Republic v Clerk, County Assembly of Mombasa & 3 others; Khalid (Exparte Applicant) (Judicial Review Application E003 of 2023) [2025] KEELRC 323 (KLR)
The bottom line
#Mombasa county officials were found in contempt for refusing to pay Ksh.13.4 million and now risk civil jail unless they comply within 21 days.
What this practically means
#Executive summary
#Questions the Court framed
#The issues the Court set itself to decide, in its own words.
- 1.Whether the respondents, having been served with the orders of 14 March 2024 directing payment of Ksh.13,404,913.33, are in contempt of those orders
- 2.Whether the respondents should be committed to civil jail for a term not exceeding six months for the contempt
Key legal issues
#Whether the respondents were in wilful and deliberate contempt of the orders of 14 March 2024
The court found the respondents in contempt, being satisfied they knowingly and deliberately disobeyed the orders compelling payment of Ksh.13,404,913.33 despite service and knowledge of them
The respondents were served with the orders of 14 March 2024, filed Grounds of Opposition demonstrating knowledge of the proceedings, but neither attended court nor complied with the payment direction. Service was proved by Afidavits of Service and returns of service. Their failure and neglect to pay the decretal sum, without offering any explanation for non-compliance, amounted to wilful and deliberate disobedience of lawful court orders.
The appropriate sanction for the contempt
The respondents were given one final opportunity to comply within 21 days or show cause, failing which they were to attend court for sentencing on 3 March 2025
Although the court found the contempt established and affirmed its power to punish defiance in order to enforce respect for the rule of law, it did not commit the respondents to civil jail immediately. Instead, it granted a final window of twenty-one days within which to comply with the payment orders or show cause, with sentencing listed for 3 March 2025 in default.
Legal principles established
#- Courts possess the inherent power to enforce compliance with their lawful orders
- An order of mandamus is a judicial command requiring the performance of a specified duty which has not been performed
Court orders
#- 1.The Clerk of the County Assembly of Mombasa and the County Executive Committee Member – Finance of the County Government of Mombasa are found in contempt of court orders issued on 14 March 2024
- 2.The respondents are given one final opportunity to, within twenty-one (21) days of the order, comply with the orders rendered on 14 March 2024 or show cause why they should not be committed to civil jail
- 3.In default, the respondents shall attend court for sentencing on 3 March 2025
- 4.Costs incurred herein shall be paid by the respondents
The bench
#One judgment of the whole court — no separate or dissenting opinions.
Wrote the judgment
- Jurisdiction invoked
- Section 5(1) of the Judicature Act; Sections 103(3) and 148(4) of the Public Finance Management Act; Sections 63(c) and (e) of the Civil Procedure Act; Rule 47 of the Employment and Labour Relations Court (Procedure) Rules
Relief refused
#Immediate committal of the respondents to civil jail for a term not exceeding six months
The court instead granted the respondents one final opportunity to comply with the orders of 14 March 2024 or show cause before sentencing
Costs
Costs incurred herein shall be paid by the respondents
Quotable passages
#Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.
the court is satisfied that the respondents have wilfully and deliberately disobeyed orders herein issued on 14 March 2024 despite being aware of their existence.
Accordingly, the application dated 8 November 2024 is with merit and is hereby allowed and the court issues the following orders
the Clerk of the County Assembly of Mombasa and the County Executive Committee Member – Finance of the County Government of Mombasa are found in contempt of court orders issued on 14 march 2024 are given one final opportunity to, within twenty-one (21) days of this order, comply with the court orders which were rendered on 14 march 2024 or show cause why they should not be committed to civil jail for the continued defiance of the said orders.
In default, the Clerk of the County Assembly of Mombasa and the County Executive Committee Member–Finance of the County Government of Mombasa shall attend court for sentencing on 3 March 2025;
Costs incurred herein shall be paid by the respondents.
Issues in the judgment
#Internal inconsistency in the record of certificates and decrees: paragraph 25 describes a Certificate of Order for Costs against the Government dated 18 September 2023 as being for Ksh.13,404,913.33, whereas earlier passages record that certificate as Ksh.604,913.33 and the 13,404,913.33 figure as the combined decretal sum
Inconsistent dates for the underlying ELRC judgment: paragraph 21 records judgment being obtained on 26 July 2018 while paragraph 10 refers to a decree dated 26 July 2013
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Republic v Clerk, County Assembly of Mombasa & 3 others; Khalid (Exparte Applicant) (Judicial Review Application E003 of 2023) [2025] KEELRC 323 (KLR)", Case Analysis (2025). Judicial Review Application dated 8 November 2024 (Mombasa). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/323/eng@2025-02-06
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.