REPUBLIC OF KENYA IN THE EMPLOYMENT & LABOUR RELATIONS COURT AT NAKURU MISCELLANEOUS APPLICATION NO. E067 OF 2026 (Before Hon. Lady Justice Anna Ngibuini Mwaure) REPUBLIC ........................................................................ .........APPLICANT VERSUS PRINCIPAL SECRETARY MINISTRY OF EDUCATION...............................................................1ST RESPONDENT THE HON. ATTORNEY GENERAL, ATTORNEY GENERAL’S CHAMBERS, NAKURU...............2ND RESPONDENT BEATRICE WANGUI MAINA.................................... EXPARTE APPLICANT RULING 1. In accordance to Order 53 Rule (1)(2) of the Civil Procedure Rules The court is pleased to grant the Ex-parte Applicant Leave to apply for an order of Mandamus as follows - NKU MISC. APPLIC. NO. EO67 OF 2026 RULING 1 | PA G E
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1. 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 in terms of the certificate of Order against the Government issued on the 13th July 2026. 2. THAT An order of Mandamus compelling the Principal Secretary Ministry of Education and/or the Attorney General to pay to the Applicant the sum of Kshs.1,426,340.34 with interest thereon at the rate of 14% per annum until payment in full. 2. The main Application to be filed and served within 7 days hereof. 3. Costs will be in the cause. Orders accordingly. Dated, Signed and Delivered virtually at Nakuru this 8th Day of October, 2026. ANNA NGIBUINI MWAURE JUDGE ORDER NKU MISC. APPLIC. NO. EO67 OF 2026 RULING 2 | PA G E
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In view of the declaration of measures restricting Court operations due to the COVID-19 pandemic and in light of the directions issued by His Lordship, the Chief Justice on 15th March 2020 and subsequent directions of 21 st April 2020 that judgments and rulings shall be delivered through video conferencing or via email. They have waived compliance with Order 21 Rule 1 of the Civil Procedure Rules, which requires that all judgments and rulings be pronounced in open Court. In permitting this course, this Court has been guided by Article 159(2)(d) of the Constitution which requires the Court to eschew undue technicalities in delivering justice, the right of access to justice guaranteed to every person under Article 48 of the Constitution and the provisions of Section 1B of the Civil Procedure Act (Chapter 21 of the Laws of Kenya) which impose on this Court the duty of the Court, inter alia, to use suitable technology to enhance the overriding objective which is to facilitate just, expeditious, proportionate and affordable resolution of civil disputes. A signed copy will be availed to each party upon payment of Court fees. NKU MISC. APPLIC. NO. EO67 OF 2026 RULING 3 | PA G E
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ANNA NGIBUINI MWAURE JUDGE NKU MISC. APPLIC. NO. EO67 OF 2026 RULING 4 | PA G E
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