Cliford Otieno Obiero t/a C. Obiero & Associates Advocates v CEC Finance, County Government Of Kisumu & 2 others (Judicial Review E009 of 2025) [2025] KEELRC 1770 (KLR)
The bottom line
#A Kisumu court ordered Kisumu County to pay Kshs.473,212 in legal fees, ruling that budget constraints are no excuse for delaying payments owed by government.
What this practically means
#Executive summary
#Key legal issues
#Sufficiency of the judicial review grounds pleaded
The motion could not be faulted for failing to cite the traditional common law or statutory judicial review grounds; enforcement of taxed costs by mandamus rests on Section 21 of the Government Proceedings Act
The respondents argued the motion was incompetent for omitting the traditional grounds of judicial review and any constitutional provision, contravening the Anarita Karimi Njeru principles. The court rejected this, holding the motion's essence is payment of taxed costs, an admitted debt, and the enforcement mechanism is the statutory duty in Section 21 GPA, which requires proof of service of the certificates, not the elaboration of review grounds.
Whether reasonable time was accorded before moving to court
Although the three-week interval was short, the respondents took no demonstrable step towards payment and never indicated what period they would consider reasonable; mandamus was warranted
The court accepted that reasonable time depends on the circumstances and that the applicant, having obtained the certificates in 2024, served them late. However, the respondents acknowledged receipt on 6th March 2025 without complaint, made no written response or acknowledgement of intent to pay, and took no demonstrable step towards fulfilling their public duty before the suit was filed. They also never specified what duration they would consider reasonable.
Elements of mandamus against a County Government
The applicant established a public legal duty, a clear right, satisfaction of conditions precedent (service of certificates under Section 21 GPA), demand, and no other remedy; mandamus issued on a balance of probabilities
Applying Section 21 of the Government Proceedings Act (applicable to County Governments by subsection (5)), the Egunza decision, the Apotex requirements as adopted in Schon Noorani, and Nyamweya J's statement in Elijah Kamau Mwangi, the court found the certificates were served and acknowledged, no payment or response followed, and mandamus is the only recourse against the Government for monetary decrees.
Legal principles established
#- Budgetary constraints are not a defence to enforcement of a certificate of order against the Government; the Accounting Officer has a statutory duty to pay under Section 21 of the Government Proceedings Act
- A decree against the Government can only be enforced by mandamus compelling the accounting officer, execution being barred by Section 21(4) of the Government Proceedings Act
- What constitutes reasonable time for compliance with a demand is dependent on the peculiar circumstances of each case
Court orders
#- 1.An Order of mandamus issued directed to the Chief Finance Officer Kisumu County Government and the CEC Finance, Kisumu County Government to pay the sum of Kshs.473,212 in consonance with the Certificate of Taxation dated 1st August, 2024 and Certificate of Order Against the Government dated 2nd November, 2024, within three (3) months of the date of the order
- 2.Each party to bear own costs of the application
- Jurisdiction invoked
- Order 53 of the Civil Procedure Rules; Section 21(5) Government Proceedings Act (application to County Governments); leave granted 2nd April 2025
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Cliford Otieno Obiero t/a C. Obiero & Associates Advocates v CEC Finance, County Government Of Kisumu & 2 others (Judicial Review E009 of 2025) [2025] KEELRC 1770 (KLR)", Case Analysis (2025). Kisumu ELRC Judicial Review No. E003 of 2022 (Motion dated 16th April 2025). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/1770/eng@2025-06-18
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.