Republic v County Government of Nyamira & 2 others; Kerosi (Exparte Applicant) (Judicial Review Miscellaneous Application E002 of 2025) [2025] KEELRC 1772 (KLR)
The bottom line
#What this practically means
#Executive summary
#Key legal issues
#Whether mandamus may issue where execution of the underlying decree is restrained and the judgment is under challenge
The court accepted the Respondents' position that mandamus should not issue while the validity of the judgment is under challenge and execution is restrained by an extant order in the primary suit
The Respondents showed an order dated 26th March 2025 in Nyamira CM ELRC No. E003 of 2021 restraining execution, plus a pending application to set aside the entire judgment. Granting mandamus would undermine those proceedings and contradict the Government Proceedings Act framework for enforcing decrees against government. The court endorsed the authority of Republic v County Government of Kwale; Charpenel Enterprises Limited (Ex parte) and Republic v Ministry of Transport ex parte Naphas Mmenya, where mandamus was declined in comparable circumstances.
Whether the judicial review application is premature pending determination of the primary suit
The court found it just that the proceedings before the Magistrate's Court be allowed to run their full course before mandamus is pursued
The Respondents argued that the primary suit remains active, with an extant restraining order and a pending application to set aside the judgment. The Applicant countered that the set-aside application was an afterthought filed two months after directions in this suit. The court preferred allowing the subordinate court proceedings to run their full course, consistent with the principle that judicial review is a last resort.
Legal principles established
#- A writ of mandamus cannot issue to enforce a judgment whose validity is under challenge, as doing so would render a pending application to set aside the judgment nugatory
- Orders of judicial review are a measure of last resort and should issue only in exceptional circumstances
Court orders
#- 1.The Chamber Summons application is dismissed (the judgment closes with 'Orders accordingly' without enumerating the orders; the relief sought was not granted)
- Jurisdiction invoked
- Judicial review jurisdiction to grant leave to apply for an order of mandamus; decree and certificate of costs in Nyamira CMC ELRC No. E003 of 2021 (the judgment does not expressly cite the constitutional/statutory provision)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Republic v County Government of Nyamira & 2 others; Kerosi (Exparte Applicant) (Judicial Review Miscellaneous Application E002 of 2025) [2025] KEELRC 1772 (KLR)", Case Analysis (2025). Judicial Review proceedings arising from Nyamira CMC ELRC No. E003 of 2021 (Chamber Summons dated 15th January 2025). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/1772/eng@2025-06-05
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.