Tumbo v Board of Management St Jude Mwanda Secondary School (Civil Suit E012 of 2025) [2025] KEMC 422 (KLR)
The bottom line
#A Kitale court ruled you cannot enforce a money decree against a government body in a magistrate's court — you must go to the High Court through judicial review.
What this practically means
#Executive summary
#Key legal issues
#Jurisdiction over enforcement of costs against a government entity
The matter was not properly before the magistrates' court; enforcement of a Certificate of Order against a government entity requires judicial review for mandamus in the High Court.
Counsel for the Plaintiff conceded that enforcement against a government entity proceeds by way of judicial review for mandamus before the High Court, requiring the accounting officer to satisfy the Certificate of Order and Certificate of Costs. The court therefore found the matter not properly before it and struck it out for want of jurisdiction.
Costs where one advocate represents multiple defendants
Under Section 62 of the Advocates Remuneration Order, where separate pleadings or proceedings were unnecessary, the taxing officer shall disallow such costs; here the 2nd Defendant gets no separate costs.
Section 62 of the Advocates Remuneration Order guides assessment where one advocate acts for two or more plaintiffs or defendants. Mr. Wasilwa represented all Defendants without separate pleadings and there is no indication of separate representation. Since the matter was to be struck out for want of jurisdiction, the 2nd Defendant could not be entitled to costs separate from the 1st Defendant's.
Legal principles established
#- Enforcement of a Certificate of Order and Certificate of Costs against a government entity must be by judicial review proceedings for an order of mandamus before the High Court
- Where the same advocate acts for two or more defendants without separate pleadings or separate proceedings, no distinct costs are incurred and separate costs shall be disallowed
Court orders
#- 1.This matter is struck out for want of jurisdiction
- 2.The costs due to the Defendants are assessed at Kshs. 35,850/=
- 3.Certificate of Costs and Decree to issue upon payment of requisite court fees
- 4.File closed
- Jurisdiction invoked
- Magistrates' Court civil jurisdiction; Struck out for want of jurisdiction to enforce Certificate of Order against a government entity - enforcement lies in the High Court by judicial review for mandamus
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Tumbo v Board of Management St Jude Mwanda Secondary School (Civil Suit E012 of 2025) [2025] KEMC 422 (KLR)", Case Analysis (2025). Kitale CMC Civil Suit No. E434 of 2022. Source: https://new.kenyalaw.org/akn/ke/judgment/kemc/2025/422/eng@2025-12-04
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.