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ELRCAllowedJudicial Review Cause No. E007 of 2025· [2026] KEELRC 2638 (KLR)

Judy Wathata Kinyua v County Government of Kirinyaga & 2 others

Employment and Labour Relations Court of Kenya
25 September 2026
SRStella Rutto
2,743 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 Kirinyaga County to pay a former employee Kshs. 8.9 million after years of unpaid judgment, confirming counties cannot ignore decrees.

What this practically means

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Executive summary

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The Applicant, Judy Wathata Kinyua, obtained judgment in Nyeri ELRC Petition No. 11 of 2018 against the County Government of Kirinyaga for Kshs. 3,378,375.00 plus costs and interest. The County Government's appeal (Nyeri Civil Appeal No. 77 of 2019) was decided on 13th May 2022, upholding the trial judgment and enhancing the award by Kshs. 1,606,027.50 for service gratuity; an amended decree issued on 5th July 2023, bringing the decretal sum to Kshs. 4,984,402.50 exclusive of interest. Despite an instalment settlement proposal by the County Government's counsel, no payment was made. After a demand of 11th March 2025 went unanswered, the Applicant obtained a Certificate of Order against the Government dated 20th May 2025 certifying Kshs. 8,887,008.35 due, and moved the Court by Originating Motion dated 30th October 2025 for an order of mandamus compelling satisfaction of the decree. The Respondents opposed through Grounds of Opposition asserting non-compliance with the Government Proceedings Act and prematurity, but filed no submissions. The court framed a single issue: whether the Applicant met the threshold for mandamus. Applying the KNEC v Republic principles and Section 21 of the Government Proceedings Act (applicable to county governments by subsection (5)), the court found the Applicant had obtained and served the certificate, that the Respondents were under a statutory duty to pay, and that no evidence showed settlement. The Motion was allowed; mandamus issued compelling payment of Kshs. 8,887,008.35, with costs to the Respondents.

Key legal issues

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01

Threshold for mandamus to enforce a decree against a county government

Holding

Mandamus issues where a statutory public duty is imposed and unperformed to the detriment of a person with a legal right to its performance; the Applicant established this basis.

Reasoning

The court adopted the KNEC v Republic formulation: mandamus compels performance of a public duty imposed by statute where the duty-bearer has failed to perform to the detriment of a party with a legal right. The Respondents were under a statutory obligation under Section 21 of the Government Proceedings Act to satisfy the decree, and no evidence showed settlement. The Applicant obtained and served the certificate of order against the government, so the statutory preconditions were met.

p. 8
02

Compliance with the Government Proceedings Act as a precondition

Holding

The Applicant complied: she obtained the Certificate of Order dated 20th May 2025 and served it on the Respondents; the Respondents' prematurity objection was unsupported as they identified no specific requirement breached.

Reasoning

The Respondents contended non-compliance with the Government Proceedings Act but did not identify the specific requirement breached. The court found no evidence controverting the Applicant's assertion that she obtained and served the certificate, which was annexed to her Supporting Affidavit and certified the sum due. The prematurity and incompetence objections therefore failed.

p. 12

Legal principles established

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  • Section 21 of the Government Proceedings Act, including subsection (5), applies with necessary modifications to civil proceedings by or against county governments, and a certificate of order against the government duly served places the Accounting Officer under a mandatory statutory duty to pay.
  • A decree-holder's right to enjoy the fruits of judgment must not be thwarted; courts should favour enforcement and secure accrued rights.

Court orders

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  1. 1.Originating Motion dated 30th October 2025 found meritorious and allowed
  2. 2.Order of mandamus issued compelling the Respondents to comply with the decree issued on 5th July 2023 by settling Kshs. 8,887,008.35 as certified in the Certificate of Order against Government dated 20th May 2025
  3. 3.Respondents to bear the costs of the suit
Jurisdiction invoked
Sections 7, 9 and 11 of the Fair Administrative Actions Act; Articles 162(2) and 165(5) of the Constitution; Sections 8 and 9 of the Law Reform Act; Section 21 of the Government Proceedings Act

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, "Judy Wathata Kinyua v County Government of Kirinyaga & 2 others", Case Analysis (2026). Judicial Review Cause No. E007 of 2025. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2026/2638/eng@2026-09-25

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