Republic v Attorney General; Ogutu & 222 others (Ex parte Applicants) (Employment and Labour Relations Judicial Review E035 of 2024) [2025] KEELRC 2750 (KLR)

in Kenya to the loss and detriment of the many Claimants who continue to languish in poverty and want and others have died as they await the fruits of their judgment. 5. That the Respondent is a public oficer who must be held at a higher standard by virtue of the ofice she holds and is not only in contempt of the court but has totally absconded her duties to maintain public confidence in the government ofice and the legal system generally. That the petitioners be granted the relief sought. 6. Respondent filed a replying afidavit dated 5th March 2025 sworn to by the Principal Secretary Ministry of Defence, Patrick Mariru who deposes that the Ministry of Defence has pending decrees amounting to over ksh Ten Billion (10,000,000,000) whose immediate payments would completely paralyze its operations. That the ministry can only be accountable for what the National Assembly has made allocation for against a budget presented and approved by the National Assembly and liability to be defrayed by the Respondent must be provided for in the Government compensation estimates. 7. That despite the financial constraints barring the Respondent from settling the decree herein, the Ministry of Defence has not received any exchequer disbursements to settle the decree herein. 8. Upon a careful consideration of the deposition and submissions filed in this matter the court finds therefore the Applicant has proved that the government is in willful disregard and contempt of the judgment and decree of this court and the Court of Appeal set out in this matter and in the process has embarrassed the ofice of the Respondent in discharge of its duties. Accordingly, the court grants the following order:a. An order of mandamus compelling the Attorney General, the Respondent herein to pay the exparte Applicants a sum of 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, the sum being the decretal sum arising out of Milimani Employment and Labour Relations Cause No. 2212 of 2012 Samuel Chege Gitau and 283 others versus the Attorney General. b. The costs of the application are granted. DATED AT NAIROBI THIS 9TH DAY OF OCTOBER 2025. MATHEWS NDUMA JUDGE Appearance: Agina & Associates Advocates for the Exparte Applicants Hon. Attorney General - Respondent Mr. Kemboi – Court Assistant https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/2750/eng@2025-10-09 2

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