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ELRCAllowedJudicial Review Application dated 15/10/2024 (Exparte Applicants' mandamus application)· [2025] KEELRC 2750 (KLR)

Republic v Attorney General; Ogutu & 222 others (Ex parte Applicants) (Employment and Labour Relations Judicial Review E035 of 2024) [2025] KEELRC 2750 (KLR)

Employment and Labour Relations Court
9 October 2025
578 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~2 min to read original · ~4 min brief

The bottom line

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Kenya's Employment Court ordered the government to pay 284 workers Kshs 7.9 billion plus interest, ruling its years of non-payment amounted to contempt.

What this practically means

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Executive summary

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The Exparte Applicants sought an order of mandamus compelling the Hon. Attorney General, the Respondent, to pay Kshs. 7,933,827,426.36 inclusive of costs and interest at court rates, being the decretal sum arising from the judgment in Milimani ELRC Cause No. 2212 of 2012 (Samuel Chege Gitau and 283 others v Attorney General), delivered in 2020. The Applicants contended that since judgment, the Respondent had neglected and refused to pay the many Claimants, some of whom had died awaiting the fruits of their judgment, and that an appeal against the decree (Nairobi Civil Appeal No. E093 of 2021) had been dismissed on 24th November 2023. The Respondent, through a replying affidavit sworn by the Principal Secretary, Ministry of Defence, Patrick Mariru, deposed that the Ministry had pending decrees exceeding Kshs. Ten Billion whose immediate payment would paralyze its operations, and that liability must be provided for in Government compensation estimates approved by the National Assembly, with no exchequer disbursements received to settle the decree. After considering the depositions and submissions, the court found that the Applicant had proved willful disregard and contempt of the judgments of the ELRC and the Court of Appeal by the Government. Accordingly, on 9th October 2025, Judge Matheus N. Nduma granted an order of mandamus compelling the Attorney General to pay the decretal sum with interest at court rates, and awarded the costs of the application to the Exparte Applicants.

Key legal issues

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Whether mandamus lies to compel the Attorney General to pay a decretal sum against the Government where budgetary provision has not been made

Holding

Mandamus issued despite the Ministry of Defence's claim of financial constraints and lack of exchequer disbursements; the Applicant proved willful government disregard and contempt of the judgment and decree.

Reasoning

The court considered the replying affidavit sworn by the Principal Secretary, Ministry of Defence, who deposed that the Ministry has pending decrees exceeding Kshs. Ten Billion and that payment must be provided for in Government compensation estimates approved by the National Assembly. Despite these constraints, the court found the Government's prolonged non-payment since June 2020, following judgment and dismissal of the appeal, amounted to willful disregard and contempt of the judgments of the ELRC and Court of Appeal, warranting mandamus.

p. 2

Legal principles established

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  • A public officer who neglects or refuses to satisfy a lawful decree may be compelled by mandamus; willful government disregard of a judgment constitutes contempt and undermines the authority of the courts.

Court orders

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  1. 1.An order of mandamus compelling the Attorney General to pay the exparte Applicants Kshs. 7,933,827,426.36 inclusive of costs and interests at court rates from the date of the award to the date of payment in full, being the decretal sum arising out of Milimani ELRC Cause No. 2212 of 2012
  2. 2.Costs of the application granted to the Exparte Applicants
On appeal from
Court of Appeal, Nairobi
Nairobi Civil Appeal No. E093 of 2021
Jurisdiction invoked
Judicial review jurisdiction to compel the Attorney General to satisfy a decree by mandamus (application dated 15/10/2024; underlying decree in Milimani ELRC Cause No. 2212 of 2012)

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, "Republic v Attorney General; Ogutu & 222 others (Ex parte Applicants) (Employment and Labour Relations Judicial Review E035 of 2024) [2025] KEELRC 2750 (KLR)", Case Analysis (2025). Judicial Review Application dated 15/10/2024 (Exparte Applicants' mandamus application). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/2750/eng@2025-10-09

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