Republic v Attorney General; Ogutu & 222 others (Ex parte Applicants) (Employment and Labour Relations Judicial Review E035 of 2024) [2025] KEELRC 2750 (KLR)
The bottom line
#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
#Executive summary
#Key legal issues
#Whether mandamus lies to compel the Attorney General to pay a decretal sum against the Government where budgetary provision has not been made
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.
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.
Legal principles established
#- 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
#- 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.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
#Practical implications
#Frequently asked questions
#Cite this brief
#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.