https://new.kenyalaw.org/akn/ke/judgment/keelrc/2026/1860
The motion failed because the purported Certificate of Order Against Government was not a valid certificate under section 21 of the Government Proceedings Act; it merely narrated the consent order rather than certifying the sum due. On that basis, the court dismissed the motion and declined to vary or set aside the...
Source-derived case information.
- Citation
- [2026] KEELRC 1860 (KLR)
- Parties
- Applicant: Republic; 1st Respondent: Nyamira County Assembly; 2nd Respondent: Clerk - Nyamira County Assembly; Ex Parte Applicant: Enock Okero Ogori
- Court
- Employment and Labour Relations Court
- Jurisdiction
- Kenya
- Case Number
- Judicial Review Application E003 of 2026
- Procedural Posture
- Judicial Review Application for Leave to Seek Mandamus; Motion to Vary And/or Set Aside Judgment / Ruling on Motion
- Outcome
- Motion dismissed
- Judges
- ["Nzioki wa Makau"]
- Legal Topics
- Mandamus, Certificate of Order Against Government, Extraction of Decrees and Certificates, Review/set Aside of Judgment, Execution Against County Government
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Nyamira County Assembly
1st Respondent
Clerk - Nyamira County Assembly
2nd Respondent
Enock Okero Ogori
Ex Parte Applicant
Procedural Posture
Judicial Review Application for Leave to Seek Mandamus; Motion to Vary And/or Set Aside Judgment / Ruling on Motion
Legal Issues
- 1 Whether the document produced amounted to a valid Certificate of Order Against Government under section 21 of the Government Proceedings Act.
- 2 Whether the court should vary and/or set aside its judgment of 13 May 2026.
- 3 What costs order should follow the dismissal of the motion.
Ratio Decidendi
The motion failed because the purported Certificate of Order Against Government was not a valid certificate under section 21 of the Government Proceedings Act; it merely narrated the consent order rather than certifying the sum due. On that basis, the court dismissed the motion and declined to vary or set aside the earlier judgment.
Court Disposition
Motion dismissed
Orders
- The motion by the applicant is dismissed.
- No order as to costs.
Full Case Text
Judgment text and source record
1 paragraphs
Republic v Nyamira County Assembly & another; Ogori (Ex parte Applicant) (Judicial Review Application E003 of 2026) [2026] KEELRC 1860 (KLR) (29 June 2026) (Ruling) Neutral citation: [2026] KEELRC 1860 (KLR) Republic of Kenya In the Employment and Labour Relations Court at Kisii Judicial Review Application E003 of 2026 Nzioki wa Makau, J June 29, 2026 IN THE MATTER OF AN APPLICATION FOR LEAVE TO ISSUE TO FILE AN APPLICATION FOR JUDICIAL REVIEW IN FORM OF ORDERS OF MANDAMUS AGAINST NYAMIRA COUNTY ASSEMBLY AND IN THE MATTER OF EXECUTION OF DECREE DATED 31ST JULY, 2025 IN THE EMPLOYMENT AND LABOUR RELATIONS COURT AT KISUMU IN ELRC PETITION NO. E052 OF 2025 INVOLVING ENOCK OKERO OGORI (DECRE HOLDER) AND NYAMIRA COUNTY ASSEMBLY (JUDGMENT DEBTORS) Between Republic Applicant and Nyamira County Assembly 1st Respondent Clerk - Nyamira County Assembly 2nd Respondent and Enock Okero Ogori Ex parte Applicant Ruling 1.The motion herein seeks to vary and/or set aside the judgment of the Court made on 13th May 2026. The Applicant asserts he availed a Certificate of Order Against Government. The document that was attached to the motion that lead to the judgement was a document headed certificate of order against the County Government of Nyamira it was under order 29 Rule 3 of the Civil Procedure Rules and section 21 of the Government Proceedings Act Cap 40 laws of Kenya. What then follows in the document is a consent in the following terms:By consent order of this court dated 31st July 2025 it was adjudged that;a.The matter be marked as withdrawn.b.The 1st Respondent will pay to the 1st Petitioner costs of Kshs. 2,320,000/- on or before 15th September 2025.c.In default execution to issue.Then, thereafter, there is a certificate by the Hon. Deputy Registrar on the sum payable. 2.Under section 21 of the Government Proceedings Act, there ought to be a certificate of order which indicates the sum due and not a narration of the consent entered into. I still maintain there is no Certificate of Order Against Government that was extracted as such even the motion for review before me shall suffer similar fate as the supportive notice. The motion by the applicant is dismissed. I will however, make no order as to costs, as despite the non-appearance of the Respondents, a replying affidavit had been filed in opposition to the motion.It is so ordered. DATED AND DELIVERED AT KISUMU THIS 29TH DAY OF JUNE 2026NZIOKI WA MAKAU, MCIARB.JUDGE