Nyamori v Maurice Otunga, County Executive Committee Member Responsible for Finance, County Government of Migori & another (Judicial Review E022 of 2024) [2025] KEELRC 1736 (KLR)
The bottom line
#A Kenyan court ordered Migori County to pay a former employee Kshs.7 million, ruling that counties cannot delay court-ordered payments by blaming tight budgets.
What this practically means
#Executive summary
#Key legal issues
#Whether there was a genuine dispute on the gratuity figure of Kshs.1,800,000
No genuine dispute established; the respondent was directed by the judgment to compute and pay gratuity but never did, never objected to the certificate, and never provided its own computation
The judgment of 17th February 2021 awarded gratuity to be computed and paid by the respondent. The respondent never computed it, never challenged the Certificate of Order dated 9th May 2023 before the Deputy Registrar, and never provided a counter-figure despite having the figure since 27th November 2023. Its claim of a dispute was therefore superfluous, puzzling and disingenuous, and the court found no genuine dispute on the amount claimed.
Whether inadequate budgetary allocation or financial constraints excuse non-payment of a decretal sum against a county government
No; budgetary constraints are not a legally recognized justification for non-payment of a decree against government
The Government Proceedings Act does not subject satisfaction of decretal sums to budgetary allocation or parliamentary approval. Following Githua J in the Fredrick Manoah Egunza case, once the Certificate of Order is served, the accounting officer is under a statutory duty to pay. Had the respondent intended to pay, it would have budgeted for the sum in the 2023/2024, 2024/2025 or 2025/2026 financial years, and it offered no timeline for payment.
Whether the applicant met the requirements for an order of mandamus under Section 21 of the Government Proceedings Act
Yes; the certificate was obtained and served, the judgment remains unsatisfied, and mandamus should issue compelling the respondents to perform their public duty
The court was satisfied from the verifying affidavit that the applicant complied with Section 21 of the Government Proceedings Act read with Order 29 of the Civil Procedure Rules: judgment, decree, taxed costs and a Certificate of Order Against the Government were all obtained and served. Since the judgment of Radido J dated 17th February 2021 remains unsatisfied, it is only fair to compel the respondents to pay.
Legal principles established
#- Once a Certificate of Order Against the Government is issued and served, Section 21(3) of the Government Proceedings Act imposes a statutory duty on the accounting officer to pay the sums specified, and payment is not conditional on budgetary allocation
- A respondent who receives a Certificate of Order and does not object to it before the Deputy Registrar cannot later claim a genuine dispute over the figures
- Mandamus lies to compel performance of a public duty where there is a specific legal right and no specific legal remedy
Court orders
#- 1.The applicant's application dated 1st July, 2024 is allowed
- 2.An order of mandamus compelling the CECM Finance & Planning and the County Government of Migori to pay the applicant Kshs.7,005,791 per the Certificate of Order Against the County Government, being the outstanding judgment sum, costs and interest, plus further interest on the decree dated 2nd November, 2021 until payment in full
- 3.Costs of the application to the applicant
- Jurisdiction invoked
- Judicial review jurisdiction under Sections 8 and 9 of the Law Reform Act and Order 53 of the Civil Procedure Rules, 2010 (Order 53 Rule 4)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Nyamori v Maurice Otunga, County Executive Committee Member Responsible for Finance, County Government of Migori & another (Judicial Review E022 of 2024) [2025] KEELRC 1736 (KLR)", Case Analysis (2025). Kisumu ELRC Judicial Review (Mandamus) application dated 1st July, 2024 (arising from Kisumu ELRC No. 308 of 2014). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/1736/eng@2025-06-16
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.