Republic v The County Secretary, Nairobi City County & 2 others, Ex Parte Equilab Technologies Limited

1. What is before the Court for determination is the Applicant’s Notice of Motion application dated 21 st April 2026, in which it seeks the following Orders: a) Spent. b) This Honourable Court do order the Inspector General of the National Police Service and his officer designated to execute the said warrant(s) of arrest against the 1st and 2nd Respondents using all lawful means possible, including but not limited t0; i. Designating the officers to execute the warrants of arrest, ii. Full deployment of all available police resources, iii. Intelligence gathering and surveillance, coordination with other law enforcement agencies, and any other necessary lawful action to locate and contemnors. ELC JUDICIAL REVIEW APPLICATION NO. 45 OF 2017 Ruling Page 2 of 10 arrest the

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And the warrants of arrest be executed within fourteen (14) days from the date of service of this order and produce the arrested persons before this Honourable Court forthwith upon arrest. c) In default of full compliance by the Inspector General of the National Police Service or his designated officer be ordered to appear before this Honourable Court to explain why the warrants of arrest are not being executed. d) Upon production of the 1st and 2nd contemnors before this Honourable Court, they be committed to civil jail for such period as this Honourable Court appropriate, or shall until they deem just and shall have fully purged the contempt by procuring the payment of the entire decretal sum together with accrued interest in full. e) The 1st and 2nd contemnors be committed to civil jail for such period as the court deems fit and punished in accordance with Section 29 of the Environment and Land Court Act. ELC JUDICIAL REVIEW APPLICATION NO. 45 OF 2017 Ruling Page 3 of 10

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f) The 1st, 2nd and 3rd Respondents be ordered to forthwith pay the Applicant’s advocates the sum of: i. Kshs.11,110,136.99 with interest at court rates of 12% per annum from 30th April 2026 until payment in full. ii. The taxed costs of kshs. 2,370,823.82 with interest at 14% per annum from 30th April 2026 until payment in full. iii. Assessed costs of kshs. 50,000/= with interest at 14%per annum from 13th May 2025 until payment in full. g) Costs of this application. 2. The application is premised on grounds on its face and on the supporting affidavit of Nisheel Shah, the Applicant’s director. He avers that the 1st and 2nd Respondents are in contempt of Court having refused to settle the decretal amount herein thus they should be arrested by the police. He points out that the Applicant’s advocates did make a final attempt to request for payment through the office of the Controller of Budget, ELC JUDICIAL REVIEW APPLICATION NO. 45 OF 2017 Ruling Page 4 of 10

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who has jurisdiction under Section 94 (1) (a) (i) of the Public Finance Management Act, through a series of letters which he annexed, but they still refused to pay. Further, that the Court bailiff has been unable to execute the warrants due to frustration by the contemnors who would always never be found in their office. 3. The application is not opposed and the Applicant did not file written submissions. Analysis and Determination 4. I have considered the instant Notice of Motion application including the supporting affidavit and the only issue for determination is whether the Inspector General of the National Police Service should be directed to facilitate execution of warrants of arrest against the 1 st and 2nd Respondents by all lawful means and whether in default, he should be ordered to show cause why the said warrants were not executed. The Applicants also seek orders of committal of ELC JUDICIAL REVIEW APPLICATION NO. 45 OF 2017 Ruling Page 5 of 10

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the 1st and 2nd Respondents to civil jail and orders that they pay the decretal sum. 5. The Applicant contends that the Inspector General of the National Police Service has the constitutional mandate to enforce Court orders. The record indicates that on 13th May 2025, this Court issued summons to 1st and 2nd Respondents to show cause why they should not be punished for contempt of Court for failing to pay the Applicant the decretal sum which now stands at Kshs.11,110,136.99, taxed costs of Kshs.2,370,823.82 and assessed costs of Kshs.50,000/= 6. This Court has discretion to issue Orders to ensure enforcement of its Orders. In Fred Matiang’i the Cabinet Secretary, Ministry of Interior and Co-ordination of National Government v Miguna Miguna & 4 others [2018] KECA 789 (KLR), the Court of Appeal stated that: “When courts issue orders, they do so not as suggestions or pleas to the persons at whom they are directed. Court orders issue ex cathedra, are compulsive, peremptory and expressly binding. It ELC JUDICIAL REVIEW APPLICATION NO. 45 OF 2017 Ruling Page 6 of 10

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is not for any party; be he high or low, weak or mighty and quite regardless of his status or standing in society, to decide whether or not to obey; to choose which to obey and which to ignore or to negotiate the manner of his compliance. This Court, as must all courts, will deal firmly and decisively with any party who deigns to disobey court orders and will do so not only to preserve its own authority and dignity but the more to ensure and demonstrate that the constitutional edicts of equality under the law, and the upholding of the rule of law are not mere platitudes but present realities.” 7. From the facts before Court noting that the instant application was not opposed while associating myself with decisions quoted, I find that the Respondents are under a duty to adhere to Court Orders. Further, since there is a decretal sum yet to be settled, I find that the 1 st and 2nd Respondents should be arrested and brought to Court to show cause why they should not be committed to civil jail for failing to settle the said decretal sum. ELC JUDICIAL REVIEW APPLICATION NO. 45 OF 2017 Ruling Page 7 of 10

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8. In the foregoing, I find the instant Notice of Motion application merited and will allow it in the following terms: a) The Inspector General of the National Police Service and his officer designated be and are hereby ordered to execute the warrant(s) of arrest against the 1st and 2nd Respondents using all lawful means possible within fourteen (14) days from the date of service of this order and produce the arrested persons before this Honourable Court forthwith upon arrest. b) The 1st, 2nd and 3rd Respondents be and are hereby ordered to forthwith pay the Applicant’s advocates the sum of: i. Kshs.11,110,136.99 with interest at court rates of 12% per annum from 30 th April 2026 until payment in full. ELC JUDICIAL REVIEW APPLICATION NO. 45 OF 2017 Ruling Page 8 of 10

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ii. The taxed costs of kshs.2,370,823.82 with interest at 14% per annum from 30th April 2026 until payment in full. iii. Assessed costs of kshs.50,000/= with interest at 14%per annum from 13 th May 2025 until payment in full. c) Failure of which, the 1st and 2nd contemnors be produced before Court and be committed to civil jail for a period not exceeding six (6) months or until they shall have fully purged the contempt by procuring the payment of the entire decretal sum together with accrued costs of interest in full. d) Applicant is awarded the the application. DATED SIGNED AND DELIVERED AT NAIROBI THIS 5TH DAY OF OCTOBER, 2026 ELC JUDICIAL REVIEW APPLICATION NO. 45 OF 2017 Ruling Page 9 of 10

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CHRISTINE OCHIENG JUDGE In the presence of: Allen Gichuhi SC for Applicant Court Assistant: Joan ELC JUDICIAL REVIEW APPLICATION NO. 45 OF 2017 Ruling Page 10 of 10

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