https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/9136

Republic v County Secretary, County Government of Kitui; Power Pump Technical Company Ltd (Ex parte) (Judicial Review Miscellaneous Application E026 of 2021) [2026] KEHC 9136 (KLR) (Judicial Review) (26 June 2026) (Ruling) Neutral citation: [2026] KEHC 9136 (KLR) Republic of Kenya In the High Court at Nairobi (Milimani Law Courts) Judicial Review Judicial Review Miscellaneous Application E026 of 2021 WM Musyoka, J June 26, 2026 Between Republic Applicant and The County Secretary, County Government Of Kitui Respondent and Power Pump Technical Company Limited Ex parte Ruling 1.By a ruling, delivered on 30th June 2025, Aburili J found and held that the respondent had not fully settled the judgement of 15th July 2019, in Nairobi HCCCOM & Admiralty Misc. Cause No. 1093 of 2018, and directed that the matter be placed before the Deputy Registrar, for verification and certification of the outstanding balance, inclusive of interest, from 20th May 2011, plus the costs of the mandamus application. That was to be done in 30 days. 2.The matter was thereafter mentioned several times, before the Deputy Registrar and the Judge, and various documents were placed on record. On 16th April 2026, the Deputy Registrar recorded that the parties had agreed that the amount outstanding on award 1 was Kshs. 2,590,467.43, but noted that there was no agreement on the other award. The parties were directed to negotiate, and to appear before me on 4th May 2026, for further directions. 3.When the parties appeared before me, on 4th May 2026, they merely reiterated what had been noted by the Deputy Registrar, on 16th April 2026. The Advocates appearing then said that they would file tabulations. 4.The specific order, made by Aburili J, on 30th June 2025, is, for avoidance of any doubt, in these terms:“25.In the end, it is hereby ordered that the respondent has not fully satisfied the decree in Judicial this matter as per the judgement delivered on 15th July 2019 and certificate of order against the government.26.The file is hereby referred to the Deputy Registrar for verification and certification of the outstanding balance, inclusive of interest from 20th May 2011 to date and the costs of the mandamus application. The Certificate of Balance shall be filed within thirty (30) days from the date of this ruling.” 5.That order requires only 2 things to be done, to bring finality to the matter. The first, verify and certify the outstanding balance, plus costs of the mandamus proceedings. The second, having verified and certified the balance and the costs, file a certificate of the balance and the costs, in court, within 30 days. That is all what the Deputy Registrar is required to do by it. 6.It is disappointing, that a whole year later, the Deputy Registrar is yet to comply with that order. Instead of verifying the balance and the costs, and filing certification of the same, the Deputy Registrar has chosen to engage with the parties instead, which has left the matter lying wild in the wilderness, without progress. Aburili J did not require the Deputy Registrar to get into any consultations with the parties, nor to preside over negotiations between them, but to crunch the numbers, and come up with what is outstanding and payable. Instead of doing that which Aburili J had directed, the Deputy Registrar pushed the responsibility to the parties, and, ultimately, back to the Judge. Whereas there could be room for consulting the parties, the same cannot possibly displace the core responsibility of the Deputy Registrar. Frustratingly, what was supposed to take not more than 30 days is yet to be done, 365 days, and counting, later. 7.I do not quite understand why the matter was referred back to me, perhaps to work out the numbers myself. It is not the work of Judges to crunch numbers, that is the role of the Deputy Registrar, with the support of the court registry and administrative staff, including those in the accounting and finance sections. The role of the Deputy Registrar is administrative, that of the Judge is judicial. The Deputy Registrar should do the administrative bit, of working the numbers, then the Judge would do the judicial, of adopting the numbers so worked out. Doing the math is administrative, not judicial. Once the figures are worked out, by the Deputy Registrar, the final amount, by way of a certificate, should be placed before the Judge, for adoption, as a court order. Thereafter, any party, not agreeing with the figures, would be at liberty to make appropriate applications, inclusive of moving up to the Court of Appeal, and onwards to the Supreme Court. 8.What I shall do is to refer this matter back to the Deputy Registrar, with the direction that the Deputy Registrar fully complies with the order of 30th June 2025. A certificate of the balance and the costs shall be filed herein, by the Deputy Registrar, within 30 days, of the date of this ruling. This matter shall be mentioned, on 29th July 2026, for adoption of the figures in that certificate of balance, and for final directions on the settlement of the amounts to be reflected in that certificate. Orders accordingly. DELIVERED VIA CTS, DATED AND SIGNED IN CHAMBERS, AT MILIMANI, NAIROBI, ON THIS 26TH DAY OF JUNE 2026.W MUSYOKAJUDGEMr. Abdirahman, Court Assistant.AdvocatesMs. Chamia, instructed by Kyalo & Associates, Advocates for the applicant.Mr. Musyoka, instructed by Muma & Kanjama, Advocates for the respondent.