https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/9611
The Motion was unopposed and the Applicant had shown an extant judgment debt that remained unpaid. The court therefore granted mandamus, ordered the Respondents to settle the decretal sum within 30 days, and permitted further enforcement by Notice to Show Cause if they defaulted.
Source-derived case information.
- Citation
- [2026] KEHC 9611 (KLR)
- Parties
- Applicant: Republic; 1st Respondent: The County Executive Committee Member, Finance & Economic Affairs, County Government of Nakuru; 2nd Respondent: County Secretary, County Government of Nakuru; 3rd Respondent: Chief Officer Finance/County Treasurer, County Government of Nakuru; Ex Parte Applicant: MJ Okumu t/a MJ Okumu & Associates Advocates
- Court
- High Court
- Jurisdiction
- Kenya
- Case Number
- Judicial Review E007 of 2026
- Procedural Posture
- Judicial Review / Ruling on Notice of Motion for Mandamus and Enforcement of Judgment
- Outcome
- Application allowed
- Judges
- ["JM Nang'ea"]
- Legal Topics
- Mandamus, Unopposed Application, Payment of Decretal Sum, Interest on Judgment Debt, Notice to Show Cause, Costs
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
The County Executive Committee Member, Finance & Economic Affairs, County Government of Nakuru
1st Respondent
County Secretary, County Government of Nakuru
2nd Respondent
Chief Officer Finance/County Treasurer, County Government of Nakuru
3rd Respondent
MJ Okumu t/a MJ Okumu & Associates Advocates
Ex Parte Applicant
Procedural Posture
Judicial Review / Ruling on Notice of Motion for Mandamus and Enforcement of Judgment
Legal Issues
- 1 Whether mandamus should issue to compel the Respondents to pay the decretal sum and accrued interest
- 2 Whether the Respondents' failure to respond rendered the application unopposed
- 3 Whether the Applicant was entitled to costs and further enforcement measures
Ratio Decidendi
The Motion was unopposed and the Applicant had shown an extant judgment debt that remained unpaid. The court therefore granted mandamus, ordered the Respondents to settle the decretal sum within 30 days, and permitted further enforcement by Notice to Show Cause if they defaulted.
Court Disposition
Application allowed
Orders
- An order of mandamus issued compelling the Respondents to pay the decretal sum and accrued interest.
- The Respondents shall settle the sum within 30 days from the date of the ruling.
Full Case Text
Judgment text and source record
1 paragraphs
Republic v County Executive Committee Member, Finance & Economic Affairs, County Government of Nakuru & 2 others; Okumu t/a MJ Okumu & Associates Advocates (Ex parte Applicant) (Judicial Review E007 of 2026) [2026] KEHC 9611 (KLR) (3 July 2026) (Ruling) Neutral citation: [2026] KEHC 9611 (KLR) Republic of Kenya In the High Court at Nakuru Judicial Review E007 of 2026 JM Nang'ea, J July 3, 2026 Between Republic Applicant and The County Executive Committee Member, Finance & Economic Affairs, County Government of Nakuru 1st Respondent County Secretary, County Government of Nakuru 2nd Respondent Chief Officer Finance/County Treasurer, County Governent of Nakuru 3rd Respondent and MJ Okumu t/a MJ Okumu & Associates Advocates Ex parte Applicant Ruling 1.By Notice of Motion dated 9/4/2026, the Applicant seeks these orders;1.That an Order of Mandamus be issued compelling the Respondents to pay to the Ex Parte Applicant forthwith and without delay, the decretal sum delineated hereunder together with the accrued interest until payment in full, that is to say;ParticularsPrincipal sum: Kshs. 53,000,000.00/=Interest at 12% p.a. from 19/01/2021 Kshs. 30,855,240.00/=Court collection fees and further costs Kshs. 2,000.00/=TOTAL Kshs. 83,857,240.00/= 2.That in default, Notice to Show Cause do issue against the Respondents to show cause why they should not be cited for being in contempt of Court orders. 3.THAT the costs of this Application be borne by the Respondents. 2.The Applicant Advocates state in their Affidavit in support of the Motion that on 22/10/2025 the Court granted them judgment in the sum of Kshs. 53,000,000.00/= being legal fees owed to them by the Respondents. They were also granted the costs of the suit and interest. As at 22nd January 2026, the outstanding decretal sum is said to have been Kshs. 83,855,240.00/= which remains unsettled. This Application is therefore brought to enforce the judgment. 3.Despite evidence of service of this Application, the Respondents have not filed any replies. The Application is therefore deemed as unopposed. 4.Prayer 1 is granted. The Respondents shall settle the sum within 30 days from the date hereof, failure to which the Applicant may take out a Notice to Show Cause as per prayer 2. 5.The Respondents shall shoulder the costs of this Application. J. M. NANG’EA, JUDGERULING DATED, SIGNED AND DELIVERED VIRTUALLY THIS 3RD DAY OF JULY, 2026.IN THE PRESENCE OF:Mr. Okumu Advocate/Applicant, presentRespondents, AbsentCourt Assistant (Jeniffer).J. M. NANG’EA, JUDGE.