Kenya Union of Clinical Officers & 76 others v County Secretary, County Government of Vihiga & another (Miscellaneous Application E001 of 2024) [2025] KEELRC 1121 (KLR)
The bottom line
#What this practically means
#Executive summary
#Key legal issues
#Whether mandamus lies to compel the respondents as accounting officers to pay a money decree against the County Government of Vihiga
Mandamus was granted; execution cannot lie against a county government, but the accounting officers can be compelled to pay the decretal sum
The essential facts were admitted: judgment of 26th May 2023, a ruling of 30th November 2023 fixing the debt at over Kshs.106 million, taxed costs, and a certificate of order against the government. Since execution cannot lawfully issue against a county government, mandamus under Section 21 of the Government Proceedings Act was the proper remedy to compel the accounting officers to settle the decree. The pending Court of Appeal application did not bar relief.
Whether the pendency of an application for stay of execution and leave to appeal out of time in the Court of Appeal should stay the present ruling
No; no stay of execution was in force and the mere pendency of the application was not a reason to arrest the ruling
The court found no evidence of the alleged ruling date. Even assuming it existed, no application had been made to arrest the ruling, and the alleged pending ruling was not a ground for failing to settle the decree or offer security. Any future stay granted by the Court of Appeal would bind this court and halt execution accordingly.
Legal principles established
#- Once a judgment is passed and a decree drawn, a decree-holder has a constitutional and legal right to execute it immediately
- A judgment-debtor's financial position is not a defence or bar to settling a decree, only a mitigating factor on terms and conditions
- A pending application for stay or leave to appeal does not excuse failure to settle a decree or offer security
Court orders
#- 1.An order of mandamus issued compelling the respondents to pay the ex parte applicants Kshs128,653,594.752 (salary arrears plus costs) plus interest at court rates from 26th May, 2023 till payment in full
- 2.The respondents to settle the amounts due or make acceptable proposals to the applicants within 60 days of the ruling
- 3.Costs of the application to the applicants
- Jurisdiction invoked
- Articles 48 & 165 of the Constitution; Sections 8 & 9 of the Law Reform Act; Sections 7 & 11 of the Fair Administrative Actions Act; Order 53 of the Civil Procedure Rules
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kenya Union of Clinical Officers & 76 others v County Secretary, County Government of Vihiga & another (Miscellaneous Application E001 of 2024) [2025] KEELRC 1121 (KLR)", Case Analysis (2025). Misc Application No E001 of 2024. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/1121/eng@2025-04-03
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.