https://new.kenyalaw.org/akn/ke/judgment/keelrc/2026/2291
The application was filed only 16 days after service of the Certificate of Order Against Government, before the 21-day period allowed by the Government Proceedings Act had elapsed. It was therefore premature, unmerited, and an abuse of the court process, warranting dismissal with costs.
Source-derived case information.
- Citation
- [2026] KEELRC 2291 (KLR)
- Parties
- Applicant: GEORGE OCHIENG ODUOR; Respondent: AHERO GIRLS SECONDARY SCHOOL
- Court
- Employment and Labour Relations Court
- Jurisdiction
- Kenya
- Case Number
- Judicial Review E006 of 2026
- Procedural Posture
- Judicial Review / Leave Application and Ruling
- Outcome
- Application dismissed with costs to the Respondent.
- Judges
- ["Nzioki wa Makau"]
- Legal Topics
- Mandamus, Enforcement of Decree, Certificate of Order Against Government, Premature Application, Abuse of Court Process, Costs
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
GEORGE OCHIENG ODUOR
Applicant
AHERO GIRLS SECONDARY SCHOOL
Respondent
Procedural Posture
Judicial Review / Leave Application and Ruling
Legal Issues
- 1 Whether leave to apply for mandamus should be granted before expiry of the statutory compliance period for a certificate of order against government.
- 2 Whether the judicial review application was premature and an abuse of the court process.
Ratio Decidendi
The application was filed only 16 days after service of the Certificate of Order Against Government, before the 21-day period allowed by the Government Proceedings Act had elapsed. It was therefore premature, unmerited, and an abuse of the court process, warranting dismissal with costs.
Court Disposition
Application dismissed with costs to the Respondent.
Orders
- The Judicial Review application is dismissed.
- Costs are awarded to the Respondent.
Full Case Text
Judgment text and source record
1 paragraphs
 **REPUBLIC OF KENYA** **IN THE EMPLOYMENT *&* LABOUR RELATIONS** **COURT OF KENYA AT KISII** **JUDICIAL REVIEW NO. E006 OF 2026** GEORGE OCHIENG ODUOR…………..………….…………**APPLICANT** **VERSUS** 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 Certificate 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 filed a replying affidavit as well as a supplementary affidavit sworn by Ms. Grace Ataro the Principal of the Respondent. 3. Whereas submissions were filed, there is no need to evaluate or even discuss them. The Applicant received the certificate of order on 2nd March 2026 effected service of the Certificate 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 certificate 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** **Nzioki wa Makau, MCIArb.** **JUDGE**