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ELRCPartially AllowedJudicial Review Miscellaneous Application arising from Kisumu ELRC Petition No. E030 of 2023 (Notice of Motion dated 6th May, 2025)· [2025] KEELRC 2072 (KLR)

Mwangi v Chief Finance Officer, County Government of Kisii & another (Judicial Review E010 of 2025) [2025] KEELRC 2072 (KLR)

Employment and Labour Relations Court
14 July 2025
2,728 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~11 min to read original · ~4 min brief

The bottom line

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A Kenyan court ordered Kisii County officials to pay a former employee over Kshs.8.4 million in withheld salary and damages within two months.

What this practically means

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Executive summary

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This ruling by Dr. Jacob Gakeri, Judge of the Employment and Labour Relations Court at Kisumu, determines an unopposed ex parte Notice of Motion dated 6th May, 2025 seeking an order of mandamus against the Chief Finance Officer, the Executive Committee Member for Finance and the County Attorney of the County Government of Kisii. The applicant sought enforcement of decretal sums of Kshs.7,453,047.76 withheld salaries and interest plus Kshs.1,000,000 damages for discrimination awarded in Kisumu ELRC Petition No. E030 of 2023. The respondent did not file a response or submissions. The court restated the purpose and test for mandamus, relying on Gathenji, Schon Noorani, Elijah Kamau Mwangi and Kithinji Murugu M'agere, and on the Canadian Apotex criteria. It held that Section 21 of the Government Proceedings Act applies to County Governments and is the exclusive method of enforcing monetary awards against government, requiring a Certificate of Order Against the Government served on the Attorney General or County Attorney, whereupon a statutory duty to pay arises. Although the court noted the Certificate of Order Against the Government had not been served on the respondents or the County Attorney, and although the demand and the leave application were less than a month apart, the court was satisfied the applicant proved on a balance of probabilities that the respondents failed to perform a public duty, the respondents having ignored the suit, compliance directions and the motion. The court granted mandamus against the 1st and 2nd respondents to pay within two months, with costs to the applicant.

Key legal issues

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01

Entitlement to an order of mandamus against county government officers

Holding

Mandamus issued against the Chief Finance Officer and the CECM Finance because they had a public legal duty to settle the county's debts and failed to pay the judgment debt despite the certificate and demand

Reasoning

The court restated the test for mandamus (public duty owed, clear right, demand, refusal or unreasonable delay, practical value, no equitable bar). The respondent was directed by the ELRC judgment to compute and release withheld salaries with interest, failed to comply for inordinately long, and gave no evidence of compliance. The County Attorney received a demand letter but did not respond. The court held the applicant proved on a balance of probabilities that the respondents failed to perform a public duty.

p. 5
02

Applicability of Section 21 of the Government Proceedings Act to County Governments

Holding

Section 21 applies to County Governments and prescribes the exclusive method of enforcing monetary awards against government, including the requirement of a Certificate of Order Against the Government served on the Attorney General or County Attorney

Reasoning

Relying on Odunga J and Githua J, the court found the County Government of Kisii is a Government under Section 21. Subsection 4 forecloses any other method of enforcement, making mandamus against the accounting officer the sole remedy. The certificate in this case set out the amount payable inclusive of costs and interest, and the applicant had obtained and annexed it.

p. 4
03

Whether the short interval between demand and application defeated the mandamus

Holding

The absence of reasonable time (less than one month between demand on 7th April 2025 and the leave application) did not justify denying mandamus, particularly where the respondents did not plead unreasonableness

Reasoning

Although mandamus is discretionary and equitable, the court held that the respondents neither responded to the motion nor pleaded that the duration of less than one month was unreasonable. The respondent's own conduct — ignoring the suit, the judgment-compliance directions, and the motion — weighed against them, so the delay point could not defeat the relief.

p. 5

Legal principles established

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  • The purpose of mandamus is to compel a public body or authority to perform a public duty, and it issues where a public officer has failed to perform a duty the law requires
  • Monetary decrees against a government or county government can only be enforced by way of mandamus compelling the accounting officer to pay, since government property is immune from execution under Section 21(4) of the Government Proceedings Act
  • Once a Certificate of Order against the Government is served on the Attorney General, Section 21(3) imposes a statutory duty on the accounting officer to pay the sums specified with lawful interest
  • An unopposed application does not relieve the applicant of the burden of proving the case on a balance of probabilities

Court orders

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  1. 1.An Order of Judicial Review by way of mandamus directed to the Chief Finance Officer, County Government of Kisii and the Executive Committee Member Finance, County Government of Kisii (1st and 2nd respondents) to pay the ex parte applicant within 2 months the sum of Kshs.7,453,047.76 withheld salaries and interest and Kshs.1,000,000 damages for discrimination awarded in Kisumu ELRC Petition No. E030 of 2023
  2. 2.Costs of the application to the Applicant
Jurisdiction invoked
Judicial review jurisdiction under Order 53 of the Civil Procedure Rules; motion expressed under Order 29 and Order 53 Rules 4 and 5 of the Civil Procedure Rules, with leave granted on 2nd May, 2025

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Mwangi v Chief Finance Officer, County Government of Kisii & another (Judicial Review E010 of 2025) [2025] KEELRC 2072 (KLR)", Case Analysis (2025). Judicial Review Miscellaneous Application arising from Kisumu ELRC Petition No. E030 of 2023 (Notice of Motion dated 6th May, 2025). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/2072/eng@2025-07-14

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.