Oduor v Ahero Girls Secondary School

Oduor v Ahero Girls Secondary School (Judicial Review E006 of 2026) [2026] KEELRC 2291 (KLR) (31 July 2026) (Ruling) Neutral citation: [2026] KEELRC 2291 (KLR) REPUBLIC OF KENYA IN THE EMPLOYMENT AND LABOUR RELATIONS COURT AT KISII JUDICIAL REVIEW E006 OF 2026 NZIOKI WA MAKAU, J JULY 31, 2026 BETWEEN GEORGE OCHIENG ODUOR ............................................................... APPLICANT AND AHERO GIRLS SECONDARY SCHOOL ......................................... RESPONDENT RULING 1. The Applicant herein seeks leave to apply for the order of mandamus to compel the Respondent to satisfy the Decree and Certicate of Order Against Government. Issued on 2nd March 2026 in ELRCA No. E023 of 2024 for a sum of Kshs. 679,020/-. The Applicant also seeks interest amounting to Kshs. 95,062.80 and costs taxed at Appeal – Kshs. 176,400/- and the lower court at Kshs. 129,425/-. The costs of the application are also sought. 2. The Respondent has in opposition led a replying adavit as well as a supplementary adavit sworn by Ms. Grace Ataro the Principal of the Respondent. 3. Whereas submissions were led, there is no need to evaluate or even discuss them. The Applicant received the certicate of order on 2nd March 2026 eected service of the Certicate of Order Against Government. On 18th March 2026, barely 16 days later, the Applicant sought leave vide the proceedings herein. The Government Proceedings Act gives the Government a window of 21 days to comply with the certicate of order. The Applicant did not bother to wait as required in law. He was in a hurry to get his payment and therefore decided to disregard the law. This application is unmerited as it was made prematurely and in abuse of the Court process. As such I dismiss the Judicial Review herein with costs to the Respondent. It is so ordered. DATED THIS 30TH DAY OF JULY 2026 AND DELIVERED ON 31ST JULY 2026 https://new.kenyalaw.org/akn/ke/judgment/keelrc/2026/2291/eng@2026-07-31 1

page 1 of 2