https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/8942
The applicant proved the existence of an unsatisfied judgment debt, extracted decree, and certificate of order against government served on the respondent; since the motion was unopposed and the public duty to satisfy the decree had crystallized, mandamus properly issued to compel payment of the decretal sum,...
Source-derived case information.
- Citation
- [2026] KEHC 8942 (KLR)
- Parties
- Applicant: Sammy Gachingwa; Respondent: County Government of Nyandarua
- Court
- High Court
- Jurisdiction
- Kenya
- Case Number
- Judicial Review E005 of 2025
- Procedural Posture
- Judicial Review Mandamus / Judgment on Uncontested Substantive Motion
- Outcome
- Application allowed
- Judges
- ["LN Mutende"]
- Legal Topics
- Mandamus to Compel Payment of Decretal Sum, Enforcement of Judgment Against Government Entity, Taxed Costs, Interest on Judgment Debt, Unopposed Motion
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Sammy Gachingwa
Applicant
County Government of Nyandarua
Respondent
Procedural Posture
Judicial Review Mandamus / Judgment on Uncontested Substantive Motion
Legal Issues
- 1 Whether mandamus should issue to compel the County Government of Nyandarua to satisfy the decree and taxed costs
- 2 Whether service of the decree and certificate of order against government established an enforceable obligation
- 3 Whether the application was merited in the absence of opposition
Ratio Decidendi
The applicant proved the existence of an unsatisfied judgment debt, extracted decree, and certificate of order against government served on the respondent; since the motion was unopposed and the public duty to satisfy the decree had crystallized, mandamus properly issued to compel payment of the decretal sum, interest, and taxed costs.
Court Disposition
Application allowed
Orders
- An order of mandamus issued compelling the respondent to pay the applicant Kshs 316,954 together with interest as stated and costs of Kshs 59,295.
- Costs of the motion awarded against the respondent.
Full Case Text
Judgment text and source record
1 paragraphs
**REPUBLIC OF KENYA** **IN THE HIGH COURT OF KENYA AT NYAHURURU** **HCJR NO E005 OF 2025** **SAMMY GACHINGWA ……………………………………. APPLICANT** **VERSUS** **COUNTY GOVERNMENT OF NYANDARUA…………… RESPONDENT** **JUDGMENT** 1. By a Substantive Motion dated 22nd July 2025 the Applicant seeks orders that; 2. ***An order of mandamus do issue compelling the respondent to pay to the applicant or to the applicant’s advocates on record herein, namely N. Ikua & Company Advocates a sum of Kshs 316,954/= costs taxed at Kshs 59,295/= together with interests thereon from 21st September 2020 in satisfaction of the decree extracted as per the judgment delivered on 24th July 2023 by Hon S. Lesantos in Civil suit No 90 of 2020 at Nyahururu magistrates court.*** 3. ***An order of mandamus do issue directed at the respondents accounting officials namely; The Finance Officer and / or the County Secretary to pay to the applicant or to the applicant’s advocates on record herein, namely N. Ikua & Company Advocates a sum of Kshs 316,954, costs taxed at Kshs 59,295/= together with interests thereon from 21st September 2020 in satisfaction of the decree extracted as per the judgment delivered on 24th July 2023 by Hon S. Lesantos in Civil Suit No 90 of 2020 at Nyahururu Magistrates court.*** 4. ***The costs of this application be borne by the respondent.*** 5. The application is premised on grounds that; 6. ***That a judgment was delivered on the 24th July 2023 in Civil suit No 90 of 2020 at Nyahururu Magistrates court in favour of the applicant for a sum of Kshs 316,954 costs taxed at Kshs 59,295 together with interests on the said sums from the date of filing suit on 21st September 2020 until the date of payment.*** 7. ***That a decree was consequently extracted to that effect dated 13th September 2023 and a Certificate of Order against government were served and received by the respondent on 7th November 2024.*** 8. ***That despite such service and proof of receipts, the decree and certificate of costs still remain unsatisfied.*** 9. In support of the application the Applicant deponed an affidavit where he reiterates what is stated on the body of the application. 10. The Motion is unopposed. For that reason, learned counsel for applicant Mr Omondi seeks an order allowing the application as prayed. 11. Exhibited in the matter is a decree that was obtained by the Applicant which was served upon the Respondent. The respondent was required to settle a decree in the sum of Kshs. 316,954, Interest from 25/09/2020 together with costs that were taxed and certified by the Deputy registrar in the sum of Kshs 59,295/= which stands owing. 12. Having considered this application, I find the Motion having merit. Accordingly, I order that an order of mandamus do issue compelling the Respondent to pay the Applicant a sum of Kshs 316,954, afore stated interest, together with costs in the sum of Kshs 59,295/=. 13. Costs of the Motion shall be borne by the Respondent. 14. It is so ordered. Dated, signed and delivered this 24th day of June, 2026 **HON L. MUTENDE** **JUDGE**