Nyang’ongo & another v Cabinet Secretary Ministry of Education & 2 others (Judicial Review E008 of 2025) [2025] KEELRC 1751 (KLR)
The bottom line
#Kenya's Employment Court confirmed you can use judicial review to force a government entity to pay costs awarded to you, and granted leave to do exactly that.
What this practically means
#Executive summary
#Key legal issues
#Whether the pre-requisite conditions for the grant of leave to apply for judicial review were met
Yes - capacity, sufficiency of interest, appropriateness of the judicial review procedure, promptness and merit were all established
The court applied an eight-factor checklist for leave, including amenability to judicial review, capacity, sufficiency of interest, appropriateness of procedure, absence of abuse of process, merit, promptness and discretionary grounds. It found that the Applicants' inaction-based grievance against Government entities satisfied each relevant criterion, and that judicial review by mandamus was the only avenue for enforcement against Government.
Legal principles established
#- Refusal to pay a judgment debt or taxed costs by any entity of Government is amenable to judicial review by way of mandamus
Court orders
#- 1.Leave granted to the Ex-parte Applicants to commence judicial review (seeking orders of mandamus to enforce payment of Kshs. 413,790/- in taxed costs)
- 2.The main application for the orders of mandamus to be filed within 21 days of the date of the Ruling, failing which the grant of leave will automatically lapse
- 3.The file to be closed as the substantive motion shall be filed in a separate and distinct file
- Jurisdiction invoked
- Judicial review jurisdiction over refusal/failure to act by Government entities (order for mandamus to enforce payment of taxed costs per certificate of order against Government)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Nyang’ongo & another v Cabinet Secretary Ministry of Education & 2 others (Judicial Review E008 of 2025) [2025] KEELRC 1751 (KLR)", Case Analysis (2025). Notice of Motion dated 19th March 2025 (Ex-parte Judicial Review Application). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/1751/eng@2025-06-17
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.