Kenya Case Law

Republic v Chief Executive Officer, National Government Constituency Development Fund Committee & 2 others; Ngari (Ex parte Applicant)

Republic v Chief Executive Officer, National Government Constituency Development Fund Committee & 2 others; Ngari (Ex parte Applicant) [2025] KEHC 10488 (KLR)

Court

High Court

Case number

Judicial Review Miscellaneous Application E151 of 2024

Judge

JM Chigiti

The High Court determined that it lacks jurisdiction to entertain the application for orders of mandamus arising from a judgment delivered by the Environment and Land Court (ELC). The court relied on constitutional and statutory provisions, as well as binding precedent, to hold that jurisdiction over such matters is exclusively vested in the ELC. The court emphasized that jurisdiction is fundamental and cannot be conferred by consent or judicial craft, and that the proper forum for enforcement of ELC judgments, including applications for prerogative orders such as mandamus, is the ELC itself.…

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• Judicial Review
• Mandamus Orders
• Enforcement Of Judgments
• Service Of Process
• Jurisdiction
• Public Duty

Republic v County Secretary Garissa County & another; Ganuni Construc Tion Company Limited (Ex parte Applicant)

Republic v County Secretary Garissa County & another; Ganuni Construc Tion Company Limited (Ex parte Applicant) [2025] KEHC 10445 (KLR)

Court

High Court

Case number

Judicial Review Miscellaneous Application E003 of 2025

Judge

JN Onyiego

The High Court granted mandamus to compel Garissa County officials to pay a judgment debt and taxed costs arising from HCCC No. 2 of 2017.

• Judicial Review
• Mandamus Orders
• Government Liability
• Enforcement Of Judgments
• Public Duty
• Certificate Of Order Against Government

Republic v Garissa County Government & 2 others; Bulle & another (Ex parte)

Republic v Garissa County Government & 2 others; Bulle & another (Ex parte) [2025] KEELRC 2093 (KLR)

Court

Employment and Labour Relations Court

Case number

Employment and Labour Relations Judicial Review E041 of 2024

Judge

HS Wasilwa

The court ordered Garissa County officials to pay Ksh 270,830 owed to ex parte applicants, rejecting lack of funds as a basis to avoid compliance.

• Mandamus Orders
• Contempt Of Court
• Public Finance Management
• Enforcement Of Judgments
• Contempt-of-court
• Judgment-enforcement

Republic v County Government of Mandera & 3 others; Ahmed (Ex parte Applicant)

Republic v County Government of Mandera & 3 others; Ahmed (Ex parte Applicant) [2025] KEHC 10340 (KLR)

Court

High Court

Case number

Judicial Review Application E002 of 2022

Judge

JN Onyiego

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.

• Mandamus Orders
• Contempt Of Court
• Enforcement Of Decrees
• Public Finance Management
• Contempt-of-court
• Mandamus

Republic v Wajir County Government CECM Finance and Economic & 3 others; Galeyr Trading Company Limited (Ex parte Applicant)

Republic v Wajir County Government CECM Finance and Economic & 3 others; Galeyr Trading Company Limited (Ex parte Applicant) [2025] KEHC 10249 (KLR)

Court

High Court

Case number

Miscellaneous Application 5 of 2022

Judge

JN Onyiego

The High Court found Wajir County Government officials in contempt for failing to comply with mandamus orders requiring payment to Galeyr Trading Company Limited.

• Judicial Review
• Mandamus Orders
• Contempt Of Court
• Public Contracts
• Enforcement Of Decrees
• Contempt-of-court

Macharia v Inspector General of Police & 3 others

Macharia v Inspector General of Police & 3 others [2025] KEHC 9915 (KLR)

Court

High Court

Case number

Judicial Review E003 of 2023

Judge

PN Gichohi

The court found that the Applicant had complied with all statutory requirements by obtaining and serving the Certificate of Order against the Government. The Respondents admitted receipt but failed to provide evidence of payment or concrete steps taken to settle the decree. The court held that Section 21 of the Government Proceedings Act imposes a mandatory duty on the accounting officer to pay the sums specified in the certificate, and this obligation is not conditional upon budgetary allocation or parliamentary approval. The court rejected the Respondents' argument that payment could be del…

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• Mandamus Orders
• Government Liability
• Certificate Of Costs
• Enforcement Of Judgments
• Public Duty
• Judicial Review

Republic v Principal Secretary Ministry of Defence; Attorney General (Interested Party); Hussein & 13 others (Ex parte Applicants)

Republic v Principal Secretary Ministry of Defence; Attorney General (Interested Party); Hussein & 13 others (Ex parte Applicants) [2025] KEHC 9474 (KLR)

Court

High Court

Case number

Miscellaneous Judicial Review E007 of 2024

Judge

JN Onyiego

The High Court at Garissa granted mandamus to compel the Ministry of Defence to pay an unsatisfied judgment debt and costs against the government.

• Judicial Review
• Mandamus Orders
• Government Liability
• Enforcement Of Judgments
• Public Finance Management
• Execution Against Government

Republic v County Secretary, Nairobi City County & another; Litswa & another (Exparte Applicants) (Suing as the Legal Representatives of the Estate of Hermaton Litswa)

Republic v County Secretary, Nairobi City County & another; Litswa & another (Exparte Applicants) (Suing as the Legal Representatives of the Estate of Hermaton Litswa) [2025] KEHC 9339 (KLR)

Court

High Court

Case number

Judicial Review Miscellaneous Application 292 of 2019

Judge

RE Aburili

The court found that a valid and unambiguous order of mandamus was issued on 6th October 2021, requiring the respondents to pay the applicants a specified sum. The respondents were properly served with the order and supporting documents, as evidenced by affidavits of service and lack of denial from the respondents. The County Chief Officer, Revenue & Administration, was aware of the order and failed to comply, amounting to willful disobedience and contempt. The County Secretary was not shown to be the accounting officer responsible for payment and was therefore expunged from the proceedings.…

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• Contempt Of Court
• Mandamus Orders
• Enforcement Of Judgments
• Public Officer Liability

Ongeri v County Government of Nyamira

Ongeri v County Government of Nyamira [2025] KEELC 4823 (KLR)

Court

Environment and Land Court

Case number

Environment & Land Case 38 of 2021

Judge

DO Ohungo

The court dismissed the county government’s motion for stay of execution pending appeal, finding unexplained delay and no evidence of substantial loss.

• Stay Of Execution
• Injunctions
• Special Damages
• Certificate Of Order Against Government
• Interest Calculation
• Mandamus Orders

Republic v County Government of Nairobi & another; Achuti & another (Ex parte)

Republic v County Government of Nairobi & another; Achuti & another (Ex parte) [2025] KEHC 9324 (KLR)

Court

High Court

Case number

Judicial Review Miscellaneous Application 219 of 2024

Judge

RE Aburili

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.

• Judicial Review
• Mandamus Orders
• Government Liability
• Enforcement Of Decrees
• Judicial-review
• Mandamus