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Kenya decisions
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Republic v County Government of Mandera & 3 others; Ahmed (Ex parte Applicant) [2025] KEHC 10340 (KLR)
The High Court found the County Government of Mandera and related officers in contempt for failing to obey a mandamus order to pay KES 4,864,250, and gave 45 days to comply.
Republic v Wajir County Government CECM Finance and Economic & 3 others; Galeyr Trading Company Limited (Ex parte Applicant) [2025] KEHC 10249 (KLR)
The High Court found Wajir County Government officials in contempt for failing to comply with mandamus orders requiring payment to Galeyr Trading Company Limited.
Republic v Kenya Urban Roads Authority & 3 others; Muchene (The Sole Executrix of the Estate of George Muchene Kirumba and Petitioning through Nancy Wanjiru Kirumba) (Exparte Applicant) [2025] KEELC 4928 (KLR)
The Environment and Land Court issued mandamus compelling government accounting officers to pay KShs. 3,000,000 awarded in an earlier land compensation judgment.
Republic v County Government of Nairobi & another; Achuti & another (Ex parte) [2025] KEHC 9324 (KLR)
The High Court granted mandamus compelling Nairobi County officials to pay a decree of KSh 5,043,300, plus costs and interest, after statutory enforcement steps were completed.
Multiline Services Limited v Nairobi City County Government [2025] KEHC 9325 (KLR)
The court found that the applicant had obtained a valid judgment and certificate of order against the government, served the same on the respondent, and that the respondent acknowledged the debt but failed to settle the outstanding amount. The statutory bar on execution against the government left the applicant with no remedy other than mandamus. The respondent's request for more time, unsupported by evidence of budgetary provision, was not a valid defence. The court held that continued non-compliance undermines the authority of the courts and the right to access to justice. Accordingly, the…
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Eric Ntabo & Co Advocates v Trident Insurance Co Ltd; Plc (Garnishee) [2025] KEHC 9775 (KLR)
The High Court at Eldoret made a garnishee order absolute for taxed advocate-client costs, holding that objections about prior payments belonged at taxation.
Eric Ntabo & Company Advocates v Trident Insurance Company Limited; Safaricom Plc (Garnishee) [2025] KEHC 9680 (KLR)
The High Court at Eldoret made a garnishee order absolute for taxed advocate-client costs after finding the certificate of taxation final and unchallenged.
Eric Ntabo & Co Advocates v Trident Insurance Co Ltd; Plc (Garnishee) [2025] KEHC 9773 (KLR)
The court held that the certificate of taxation issued by the taxing officer is final and conclusive as to the amount of costs due, unless set aside or altered by the court. The respondent did not file a reference, set aside the certificate, or appeal the decision, and thus cannot challenge the amount due at the garnishee stage. The respondent's claim of prior payment was not substantiated with evidence linking the payments to the taxed costs in this matter, and such issues should have been raised during taxation. The garnishee Safaricom PLC confirmed holding sufficient funds to satisfy the d…
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Veteran Pharmaceuticals Limited v County Secretary Kilifi County Government & another [2025] KEHC 8954 (KLR)
The court found that the applicant had fully complied with the statutory requirements under Section 21 of the Government Proceedings Act by obtaining a valid decree, certificate of order against the government, and serving the same on the respondents. The respondents did not dispute the facts or raise any legal impediment to payment, nor was there evidence of any appeal or stay. The law prohibits execution against government property, making mandamus the only available remedy to enforce payment of a judgment debt by the government. The court held that mere administrative delay or budgetary co…
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Ouko v Kenya Chemical Workers Union [2025] KEELRC 1750 (KLR)
The court held that gratuity and other employment-related awards are subject to statutory deductions, and refused to make the garnishee order absolute on the claimed sum.
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