https://new.kenyalaw.org/akn/ke/judgment/keelrc/2026/1890

**REPUBLIC OF KENYA** **IN THE EMPLOYMENT AND LABOUR RELATIONS COURT** **AT BUNGOMA** **CAUSE NO. E011 OF 2022** **TOME FRANCIS SIMIYU ……………………….…… CLAIMANT** **VERSUS** **BUNGOMA COUNTY ASSEMBLY** **SERVICE BOARD ……………………………...1ST RESPONDENT** **SPEAKER COUNTY ASSEMBLY** **OF BUNGOMA ……………………………….. 2ND RESPONDENT** **THE CLERK COUNTY ASSEMBLY** **OF BUNGOMA ……………………………….. 3RD RESPONDENT** **(BEFORE HON. JUSTICE DAVID NDERITU)** **RULING** 1. In a Notice of Motion (the application) dated 24th March 2026 the Claimant/Applicant is seeking for the following orders – 2. ***This Honourable Court be pleased to direct and/ororder issuance of a Certificate of Order Against the Government pursuant to Section 21 of the Government Proceedings Act (Kenya).*** 3. ***The said Certificate of Order Against the Government do issue in respect of the following sums:*** 4. ***Awards by the Bungoma Emplyment and Labour Relations Court Claim E0011/2024:*** 5. ***One (1) month salary in lieu of notice: Ksh 187,870*** 6. ***Twelve (12) months’ compensation Ksh 2,254,440*** 7. ***Awards by the Court of Appeal in Kisumu COACA/E115/2024*** 8. ***Salary withheld during the interdiction period, being eighteen (18) months from 18th August 2020 to 8th February 2022 at Ksh 187,870 per month: Ksh 3.381,660*** 9. ***Taxed costs of the appeal as certified by the Court of Appeal of Kenya Ksh 109, 706.62*** 10. ***Interest*** 11. ***Interest at court rates on the decretal sum and attendant costs from 16th May 2022 (being the date of filing suit) until payment in full.*** 12. ***The costs of the proceedings before this Honourable Court be excluded from the said Certificate pending taxation.*** 13. ***Costs of this application be in the cause.*** 14. The application is expressed to be brought under ***Section 21 of the Government Proceedings Act, Order 29 Rule 3 of the Civil Procedure Rules and all other enabling provisions of the law***. 15. The application is based on the grounds on its face and supported with the affidavit of the Applicant sworn on 24th March 2026, with several annexures thereto. 16. Despite service of the application upon the Respondents as per the affidavit of service on record - the court is satisfied with the service - the Respondents opted not to respond to the same. The Applicant then requested the court to allow the application as prayed. 17. In the supporting affidavit, the Applicant stated that he obtained a favourable judgment in this cause and was awarded in the manner described in a succeeding part of this ruling below. 18. The Respondents appealed the judgment but the Court of Appeal upheld the judgment and in addition awarded him a further Kshs3,381,660/= in withheld salary arrears. He was also awarded costs taxed at Kshs109,706.62 and interest on the awarded sums. The costs for the proceedings of the trial in this court are yet to be taxed. 19. It is the Applicant’s case that the award has not been settled notwithstanding that the same is due and payable. 20. It is stated that the Respondents are Government entities and execution may only proceed upon the court issuing a certificate of order against the Government as per ***Section 21 of the Government Proceedings Act***. 21. The Claimant annexed to the affidavit the judgment of this court and the decree therefrom, the judgment of the Court of Appeal and the order thereof, alongside a certificate of taxation of costs in the Court of Appeal. 22. I have read the application, the supporting affidavit and the annexures thereto, and indeed perused the entire file. 23. In a judgment dated and delivered on 14th March 2024, the court (Keli J) awarded the Claimant as follows – 24. ***One month notice pay Kshs.187,870/=.*** 25. ***Compensation pay equivalent of 12 months’ gross salary awarded at a gross salary of Kshs.187,870/=. Total sum awarded Kshs.2,254,440/=.*** 26. ***The claimant is awarded costs in the claim for Kshs.150,000/=.*** 27. ***All the above amounts (a, b and c) to be paid to the claimant by the 1st Respondent within 30 days, failing which interest at court rate to apply from date of this judgment until full payment*** 28. Subsequently, a decree was issued on 8th April 2024 in the above terms. 29. Dissatisfied with the above judgment and orders, the Respondents appealed to the Court of Appeal. In a judgment dated and delivered on 11th July 2025, the Court of Appeal ordered that – 30. ***The appeal succeeds only to the extent that the appeallant shall be paid all the salary withheld during the period of interdiction and that the order of costs of Kshs.150,000.00 is hereby set aside.*** 31. ***The sums due to attract interest at court rates from the date the suit was filed at the ELRC until payment in full.*** 32. ***The matter shall be remitted to the ELRC for taxation of costs of the suit before that court. Those proceedings or any references therefrom shall be dealt with by any other Judge other than J. W. Keli, J.*** 33. ***Since the appeal was partially successful, the appellant shall be paid half of the costs of the appeal.*** 34. The costs in the Court of Appeal were taxed at Kshs109,706.62 as per the certificate of taxation issued on 11th March 2026. 35. A copy of the judgment of this court (Keli J) and the decree, a copy of the judgment of the Court of Appeal and order, and a copy of the certificate of taxation of the costs in the Court of Appeal, were all annexed to the application. As deposed by the Claimant, costs of the proceedings in this court have not been taxed. 36. The Court is satisfied that the Respondents were duly served with the application and their Counsel Mr. Musumba has been attending court, but they opted not to object to or oppose the application. The court is satisfied that the application has merits and the same is allowed as prayed. **VI. ORDERS** 1. ***A certificate of order against the Government shall be issued against the Respondents in terms of the judgment from this court (Keli J) and that from the Court of Appeal as reproduced above.*** 2. ***Costs of the proceedings in this court be taxed or agreed between the parties as soon as practically possible.*** 3. ***Costs of this application to the Claimant.*** **DELIVERED VIRTUALLY, DATED, AND SIGNED AT KAKAMEGA THIS 2ND DAY OF JULY 2026.** **....................................** **DAVID NDERITU** **JUDGE**