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ELRCAllowedMiscellaneous Application No. E067 of 2026

Republic v Principal Secretary Ministry of Education & Attorney General; Ex-parte Beatrice Wangui Maina

Employment & Labour Relations Court of Kenya
8 October 2026
AMAnna Ngibuini Mwaure
469 words in judgment
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The bottom line

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A Kenyan court allowed a citizen to seek a mandamus order forcing the Ministry of Education to pay a court-awarded debt of over Kshs. 1.4 million.

What this practically means

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Executive summary

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This is a short ex parte leave ruling of the Employment and Labour Relations Court at Nakuru (Mwaure J) in Miscellaneous Application No. E067 of 2026. Beatrice Wangui Maina, the ex parte applicant, sought leave under Order 53 Rules 1(2) of the Civil Procedure Rules to apply for an order of mandamus compelling the Principal Secretary, Ministry of Education and/or the Attorney General to pay her Kshs.1,426,340.34 with interest at 14% per annum from 13th July 2026, in terms of a certificate of order against the Government issued on 13th July 2026. Without recording any submissions or reasons, the court granted leave in the terms sought and directed that the main application be filed and served within 7 days, with costs in the cause. The ruling is delivered virtually pursuant to the Chief Justice's COVID-19 directions of 15th March 2020 and 21st April 2020, waiving compliance with Order 21 Rule 1, and relying on Article 159(2)(d) of the Constitution on eschewing undue technicalities, Article 48 on access to justice and Section 1B of the Civil Procedure Act on the use of suitable technology to achieve the overriding objective. The substantive mandamus application remains to be heard; this ruling only opens the door to it.

Questions the Court framed

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The issues the Court set itself to decide, in its own words.

  1. 1.Whether the ex parte applicant should be granted leave to apply for an order of mandamus compelling the Principal Secretary Ministry of Education and/or the Attorney General to pay a decretal sum per the certificate of order against the Government

Key legal issues

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01

Whether leave should issue for judicial review mandamus to enforce payment of a judgment debt against the Government

Holding

Leave was granted for the applicant to institute the substantive mandamus application

Reasoning

The court, applying Order 53 Rule 1(2) of the Civil Procedure Rules, granted leave ex parte for the applicant to seek mandamus compelling the Principal Secretary and the Attorney General to satisfy the decree per the certificate of order against the Government, with directions for filing the main application within 7 days.

p. 1

Legal principles established

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  • Leave to apply for mandamus may be granted ex parte under Order 53 to enforce a certificate of order against the Government against a Principal Secretary and the Attorney General

Court orders

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  1. 1.Leave granted to apply for an order of mandamus compelling the Principal Secretary of Education and/or the Attorney General to pay Kshs.1,426,340.34 with interest at 14% per annum from 13th July 2026 in terms of the certificate of order against the Government issued on 13th July 2026
  2. 2.Leave to apply for mandamus compelling payment of Kshs.1,426,340.34 with interest at 14% per annum until payment in full
  3. 3.The main application to be filed and served within 7 days
  4. 4.Costs in the cause

The bench

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One judgment of the whole court — no separate or dissenting opinions.

AM
majority

Wrote the judgment

Jurisdiction invoked
Order 53 Rule (1)(2) of the Civil Procedure Rules (judicial review leave jurisdiction); Article 159(2)(d) and Article 48 of the Constitution

Quotable passages

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Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.

THAT the Applicant be granted leave to apply for an order of Mandamus compelling the Principal Secretary of Education and/or the Attorney General to pay to the Applicants the sum of Kshs.1,426,340.34 with interest thereon at the rate of 14% per annum from 13th July, 2026
p. 2leave for mandamus to enforce certificate of order against the Government
The main Application to be filed and served within 7 days hereof.
p. 2final orders - directions on filing
Costs will be in the cause.
p. 2costs

Issues in the judgment

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minor

Ruling dated 2026 and recites COVID-19 2020 directions granting leave in 2026, likely typographical

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 Principal Secretary Ministry of Education & Attorney General; Ex-parte Beatrice Wangui Maina", Case Analysis (2026). Miscellaneous Application No. E067 of 2026. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2026/2777/eng@2026-10-08

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