https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/8166
The application was allowed because the indebtedness was not contested in principle; the court exercised discretion to grant the respondents 90 days to settle the decree, with contempt reserved only if they default, and fixed a mention date for compliance and further directions.
Source-derived case information.
- Citation
- [2026] KEHC 8166 (KLR)
- Parties
- Applicant: Republic; 1st Respondent: Nairobi City County Government; 2nd Respondent: County Secretary & Head Public Services; Ex Parte: Multline Services Limited
- Court
- High Court
- Jurisdiction
- Kenya
- Case Number
- Judicial Review E042 of 2025
- Procedural Posture
- Judicial Review / Ruling on Application for Payment of Decretal Sum and Threat of Contempt Proceedings
- Outcome
- Application allowed with time granted for settlement; contempt deferred conditionally
- Judges
- ["WM Musyoka"]
- Legal Topics
- Enforcement of Decree, Payment of Decretal Sum, County Budget Cycle, Contempt for Non Payment, Interest on Judgment Debt
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Nairobi City County Government
1st Respondent
County Secretary & Head Public Services
2nd Respondent
Multline Services Limited
Ex Parte
Procedural Posture
Judicial Review / Ruling on Application for Payment of Decretal Sum and Threat of Contempt Proceedings
Legal Issues
- 1 Whether the court should compel the respondent accounting officers to pay the outstanding decretal sum and interest
- 2 Whether contempt proceedings should issue if payment is not made within a specified period
- 3 What period should be granted for compliance with the decree
Ratio Decidendi
The application was allowed because the indebtedness was not contested in principle; the court exercised discretion to grant the respondents 90 days to settle the decree, with contempt reserved only if they default, and fixed a mention date for compliance and further directions.
Court Disposition
Application allowed with time granted for settlement; contempt deferred conditionally
Orders
- Respondents shall have 90 days to settle the decree.
- If payment is not made within 90 days, the ex parte applicant is at liberty to cite the respondents for contempt of court.
Full Case Text
Judgment text and source record
1 paragraphs
Republic v Nairobi City County Government & another; Multline Services Ltd (Ex parte) (Judicial Review E042 of 2025) [2026] KEHC 8166 (KLR) (Judicial Review) (11 June 2026) (Ruling) Neutral citation: [2026] KEHC 8166 (KLR) Republic of Kenya In the High Court at Nairobi (Milimani Law Courts) Judicial Review Judicial Review E042 of 2025 WM Musyoka, J June 11, 2026 Between Republic Applicant and Nairobi City County Government 1st Respondent County Secretary & Head Public Services 2nd Respondent and Multline Services Limited Ex parte Ruling 1.I am called upon to determine an application, dated 21st April 2026, seeking that the court orders the parties named as “2nd respondents,” being accounting officers, to pay a sum of Kshs. 4,150,058.00, together with accrued interest of Kshs. 375,952.00, plus further interest on those sums at the court rate of 12% per annum, which should accrue until payment in full. 2.One of the ancillary prayers is that, should the said amounts not be paid, within 7 days, of service of the order to emanate from the ruling herein, should it be favourable, the 2 accounting officers be cited for contempt of court, and be sentenced to serve civil jail for 60 days or until full payment of the sum of money demanded. 3.The grounds, on the face of the application, are that a decree was passed in Milimani CMCCC No. 6004 of 2016, for Kshs. 8,057,671.00, costs were assessed at Kshs. 315,844.00, bringing the total to Kshs. 8,373,515.00; and that the decree was partially paid, when Kshs. 7,535,802.00 was received on 26th July 2021, leaving a balance of Kshs. 2,754,109.50, which stands unpaid to date. 4.The affidavit in support is by Mr. Munikah, advocate for the ex parte applicant. It largely regurgitates the facts set out in the grounds on the face of the application, and attaches documents to verify the said facts. 5.There is a response to that application, by one of the 2nd respondents, Ms. Asha Abdi, the Chief Officer Finance. The indebtedness is not contested, and it is stated that steps have already been initiated, to include the decretal sum claimed, in the respondent’s upcoming budget cycle. There is a plea for time. 6.As the application is not opposed in principle, I shall allow it. The respondents shall have 90 days to settle the decree, failing which the ex parte applicant shall be at liberty to cite them for contempt of court. The matter shall be mentioned on 22nd September 2026, for compliance, and further orders and or directions. 7.The orders, made hereabove, also apply to Milimani HCJR No. E017 of 2025, with equal measure. Orders accordingly. DELIVERED, VIA EMAIL, DATED AND SIGNED IN CHAMBERS, AT MILIMANI, NAIROBI, ON THIS 11TH DAY OF JUNE, 2026.W MUSYOKAJUDGEMr. B. Rinkanya, Court Assistant.AdvocatesMr. Munikah, instructed by Munikah & Company, Advocates for the ex parte applicant.Mr. Otieno, Advocate for the respondents.