Republic & 2 others v The County Secretary, Nyamira County & 2 others

2. The application is premised on the grounds that this Court issued an order of mandamus compelling the Respondents to satisfy the decretal sum due to the Ex Parte Applicant; that despite service of the judgment, decree and the requisite post-judgment documents, the Respondents have failed, neglected and/or refused to comply with the order; that the continued non-compliance is deliberate and constitutes contempt of court; and that it is therefore necessary to grant leave to institute contempt proceedings against the holders of the offices responsible for compliance. 3. The application is additionally supported by the Affidavit of the Ex Parte Applicant sworn on 07th May 2026, wherein the deponent reiterates the foregoing grounds and deposes that, notwithstanding the Respondents' knowledge of the Court's judgment and order of mandamus, they have failed to satisfy the decretal sum, thereby necessitating the institution of the present proceedings. 4. The application is opposed by the Grounds of Opposition dated 02nd July 2026. The Respondents contend that the application is premature and devoid of legal and factual basis. They further contend that the Applicant has not demonstrated service of the Certificate of Order against the Government upon the relevant accounting officer. It is their position that

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satisfaction of decrees against Government is governed by the Government Proceedings Act, the Public Finance Management Act, 2012 and the constitutional framework on public finance, and is therefore subject to budgetary allocation and statutory processes. They further maintain that the Applicant has not demonstrated any deliberate disobedience of the Court's orders on their part. 5. I have considered the Notice of Motion dated 07th May 2026, the grounds in support thereof, the Supporting Affidavit sworn by Hesbon Kerongo Ayako on 07th May 2026, the Grounds of Opposition dated 02nd July 2026, the Ex Parte Applicant's Written Submissions dated 03rd July 2026, and the judgment delivered by this Court on 14th October 2025. 6. The record demonstrates that by the judgment delivered on 14th October 2025, this Court issued an order of mandamus compelling the County Secretary, Nyamira County, the County Executive Committee Member for Finance, Economic Planning and ICT Services, and the County Government of Nyamira to satisfy the decree issued in favour of the Ex Parte Applicant in Keroka PMCC E045 of 2021 by paying the decretal sum of KES. 486,013.75, together with costs and accrued interest, within sixty (60) days from the date of the judgment.

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7. The present application is founded on the allegation that, notwithstanding the expiry of the period stipulated in the judgment and the service of the judgment, decree and other post-judgment documents, the Respondents have failed to comply with the order of mandamus. Consequently, the Ex Parte Applicant seeks leave to institute contempt proceedings against the holders of the offices charged with the statutory responsibility of ensuring compliance with the Court's orders. 8. The sole issue for determination is whether the Ex Parte Applicant has established sufficient grounds to warrant the grant of leave to institute contempt proceedings against the holders of the offices of the County Secretary, Nyamira County, the County Executive Committee Member for Finance, Economic Planning and ICT Services, and the Chief Officer, Finance and Accounting Services, Nyamira County. 9. The obligation to obey court orders is well settled. In Hadkinson v Hadkinson [1952] 2 All ER 56, the Court held that every person against whom an order is made by a court of competent jurisdiction is bound to obey it unless and until the order is discharged. Similarly, in Samuel M. N. Mweru & Others v National Land Commission & 2 Others [2020] eKLR, the Court held that an applicant must establish the existence of a clear court order, knowledge thereof and failure to comply with it before wilful

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disobedience may be inferred. The Court in Felicity Mutete Mutula v Nairobi City County Government [2021] eKLR reaffirmed those principles. 10. In the present case, the Ex Parte Applicant has exhibited the decree issued pursuant to the judgment of this Court. The decree bears endorsements showing receipt by the Office of the County Attorney, Nyamira County on 03rd March 2026 and by the County Secretary, Nyamira County on 10 th March 2026. While the Respondents dispute service of the Certificate of Order against the Government upon the relevant accounting officer, the exhibited material discloses a prima facie basis for contending that the Respondents had notice of the decree and the order of mandamus. 11. At this stage, the Court is not called upon to determine whether the intended respondents are guilty of contempt. The question before the Court is whether the Ex Parte Applicant has established sufficient grounds for the grant of leave. Having considered the material placed before the Court, I am satisfied that sufficient grounds have been established. In particular, the record discloses the existence of a valid court order, service of the decree, the lapse of the period stipulated for compliance, and the continued non-payment of the decretal sum.

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12. Consequently, the Notice of Motion dated 07th May 2026 is merited and is hereby allowed. I accordingly make the following orders— 1) Leave is hereby granted to the Ex Parte Applicant to institute contempt proceedings against the holders of the offices of the County Secretary, Nyamira County, the County Executive Committee Member for Finance, Economic Planning and ICT Services, and Accounting the Chief Services, Officer, Nyamira Finance County, for and the alleged disobedience of the judgment and order of mandamus issued by this Court on 14th October 2025. 2) The substantive contempt application shall be filed and served within seven (7) days from the date hereof. 3) The holders of the offices of the County Secretary, Nyamira County, the County Executive Committee Member for Finance, Economic Planning and ICT Services, and the Chief Officer, Finance and Accounting Services, Nyamira County, shall, upon service of the substantive application, file and serve their responses within fourteen (14) days. 4) Costs of the Notice of Motion shall abide the outcome of the substantive contempt proceedings.

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5) This matter shall be mentioned on 30th July 2026 for confirmation of compliance with Orders (2) and (3) above and for further directions. DELIVERED AT NYAMIRA THIS July 2026 09th DAY OF WAMAE.T. W. CHERERE JUDGE Appearances Court Assistant - Hilda For Ex Parte Applicant - Mr. Atisi for Ben K Gichana & Co Advocates For the Respondents - Ms. Kerubo for County Attorney

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