https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/4200

Republic v Kisii County Government County Chief Finance Officer I/C of Finance & Economic Planning & another; Kenyanya & another (Ex parte Applicants) (Judicial Review Application E004 of 2025) [2026] KEELC 4200 (KLR) (2 July 2026) (Judgment) Neutral citation: [2026] KEELC 4200 (KLR) Republic of Kenya In the Environment and Land Court at Kisii Judicial Review Application E004 of 2025 AA Omollo, J July 2, 2026 Between Republic Applicant and Kisii County Government County Chief Finance Officer I/C of Finance & Economic Planning 1st Respondent Kisii County Govt Secretary 2nd Respondent and Evans Momanyi Kenyanya Ex parte Applicant Nyanchama Kenyanya Ex parte Applicant Judgment 1.The exparte applicant vide a Notice of Motion and the Supporting Affidavit dated 10th November 2025 seeks to be granted an order of mandamus compelling the Kisii County Government, through the County Chief Finance Officer in charge of Finance and Economic Planning and the County Secretary/Clerk, to satisfy the decree and Certificate of Order against the Government issued in Kisii Chief Magistrate's Court ELC No. 76 of 2021. They also pray for the costs of the application. 2.The application is founded on the grounds that the applicants are Kenyan citizens and that the respondent is a county government established under the Constitution and the County Governments Act. They state that they obtained judgment, a decree, and a Certificate of Order against the Government in the subordinate court. 3.Despite service of the decree and certificate upon the respondent for settlement, no payment has been made. They contend that the respondent is under a legal duty to satisfy the decree, that no prejudice will be suffered if the orders sought are granted, and that continued non-payment has occasioned them financial loss. They therefore urge the court to issue an order of mandamus to facilitate enforcement of the decree. 4.In his supporting affidavit, the first ex parte applicant, Evans Momanyi Kenyanya, deposes that he is competent to swear the affidavit on behalf of the applicants. He reiterates that judgment and a decree were entered against the Kisii County Government in Kisii Chief Magistrate's Court ELC No. 76 of 2021 and that a Certificate of Order against the Government was issued and served electronically upon the respondent on 22 October 2025. 5.He further states that both the decree and the certificate were duly served, but the respondent has failed or refused to honour them despite being served with a demand notice. He maintains that the continued refusal to settle the decretal sum has necessitated the present proceedings and urges the court to grant the order of mandamus so as to compel payment of the decretal amount. He concludes by affirming that the contents of the affidavit are true to the best of his knowledge, information and belief. 6.The application was fixed for hearing first on 25th February, 2025 when Mr Awiti, learned Counsel appearing for the Respondents, informed the court that the file had been marked to his colleague Mr Oirere. The court, on its own motion, gave the Respondents 14 days to file their response. The hearing was rescheduled for 15th April, 2026. 7.On 15th April, the Respondents had not put in a reply and sought an additional seven (7) days within which to comply. The court yet again extended time for them to respond to the application by a further 14 days. As at this afternoon 1st July, 2026, there is no pleading filed on behalf of the Respondents to oppose the prayers sought in the application. 8.The applicant annexed a copy of the certificate of costs dated 22nd October, 2025 disclosing the outstanding debt due to them at Kshs 2,692,597 plus interest thereon until payment is made in full. There is no evidence of proposals made to settle the decree. Hence, I find no reason to refuse the applicant from executing the decree. 9.The result is that the application dated 10th November, 2025 is granted as prayed. RULING DATED, SIGNED AND DELIVERED AT KISII THIS 2ND OF JULY, 2026.A. OMOLLOJUDGE