Kenya Case Law

Chairperson, Secretary & Treasurer Board of Management Elite Girls Bumamu Secondary School v Namonywa t/a Benamos E Africa

Chairperson, Secretary & Treasurer Board of Management Elite Girls Bumamu Secondary School v Namonywa t/a Benamos E Africa [2025] KEHC 10230 (KLR)

Court

High Court

Case number

Civil Appeal E077 of 2023

Judge

S Mbungi

The High Court dismissed an application by a school board to pay a decretal sum by instalments, finding no sufficient cause and no change in financial circumstances.

• Payment By Instalments
• Decretal Sum Enforcement
• Stay Of Execution
• Public Body Liability
• Payment-by-instalments
• Decretal-sum-enforcement

Wilken Communications Limited v Post Master General & another

Wilken Communications Limited v Post Master General & another [2025] KEHC 6997 (KLR)

Court

High Court

Case number

Judicial Review Application E049 of 2025

Judge

RE Aburili

The court found that section 25 of the Postal Corporation of Kenya Act bars execution against the Corporation's property but imposes a mandatory duty on the Postmaster General to pay decreed sums from the Corporation's revenue. The applicant, having obtained a valid judgment and decree, is entitled to enforcement by mandamus since no other remedy is available. The respondents acknowledged the debt and undertook to pay in instalments but failed to do so. The court held that mandamus is the proper remedy to compel the respondents to perform their statutory duty to settle the decree and costs, a…

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• Judicial Review
• Mandamus
• Public Body Liability
• Execution Of Decrees

Republic v County Government of Marsabit; Kasula (Exparte Applicant)

Republic v County Government of Marsabit; Kasula (Exparte Applicant) [2025] KEHC 2761 (KLR)

Court

High Court

Case number

Judicial Review Miscellaneous Application E001 of 2025

Judge

FR Olel

High Court at Marsabit granted mandamus compelling County Government of Marsabit to satisfy a decree in Marsabit CMCC E015 of 2022 and awarded costs.

• Judicial Review
• Mandamus Orders
• Enforcement Of Decrees
• Public Body Liability
• Judicial-review
• Mandamus

Njoroge v County Government of Machakos & another

Njoroge v County Government of Machakos & another [2025] KEHC 1841 (KLR)

Court

High Court

Case number

Application E094 of 2023

Judge

JM Chigiti

The High Court granted leave for judicial review mandamus proceedings to enforce payment of a decree and costs against Machakos County entities.

• Judicial Review Leave
• Mandamus Orders
• Decretal Sum Enforcement
• Public Body Liability
• Judicial-review
• Mandamus

National Union for Water and Sewerage Employees Union v Garissa Water and Sewerage Company Ltd; First Community Bank Garissa Branch & another (Garnishee); Mutuku & 3 others (Interested Parties)

National Union for Water and Sewerage Employees Union v Garissa Water and Sewerage Company Ltd; First Community Bank Garissa Branch & another (Garnishee); Mutuku & 3 others (Interested Parties) [2024] KEELRC 13223 (KLR)

Court

Employment and Labour Relations Court

Case number

Cause 1162 of 2018

Judge

NJ Abuodha

The court made absolute a garnishee order over Garissa Water and Sewerage Company’s account and ordered continued remittance of union dues.

• Garnishee Proceedings
• Union Dues Remittance
• Enforcement Of Decree
• Change Of Union Name
• Public Body Liability
• Garnishee-proceedings

Republic v County Secretary, Kisii County Government & another; Kenya Agricultural and Livestock Research Organization (Exparte)

Republic v County Secretary, Kisii County Government & another; Kenya Agricultural and Livestock Research Organization (Exparte) [2024] KEELC 13271 (KLR)

Court

Environment and Land Court

Case number

Environment and Land Judicial Review Case 1 of 2023

Judge

M Sila

The Environment and Land Court issued mandamus to compel Kisii County officials to pay an outstanding decree and taxed costs, after no opposition was filed.

• Mandamus Orders
• Enforcement Of Decrees
• Public Body Liability
• Constitutional Right To Property
• Mandamus-orders
• Enforcement-of-decrees

Ado & another v Mandera Water & Sewerage Company Limited & 2 others

Ado & another v Mandera Water & Sewerage Company Limited & 2 others [2024] KEELRC 2590 (KLR)

Court

Employment and Labour Relations Court

Case number

Employment and Labour Relations Petition E150 of 2021

Judge

NJ Abuodha

The court found that the judgment in question required the respondents to pay the applicants their allowances and benefits for their term, but did not specify the exact amounts. The parties had not agreed on the computation of the sums due, nor had a consent been filed for adoption as an order of the court. The respondents acknowledged their obligation and willingness to pay once the correct computation was agreed upon, and there was no evidence of dishonesty or willful disobedience. As such, the court held that committal for contempt or civil jail could not issue in the absence of a clear, a…

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• Contempt Of Court
• Board Member Removal
• Remuneration Disputes
• Public Body Liability

Mombasa County Government v Kooba Kenya Limited

Mombasa County Government v Kooba Kenya Limited [2024] KECA 1474 (KLR)

Court

Court of Appeal

Case number

Civil Application E046 of 2024

Judge

P Nyamweya

The court found that the applicant failed to provide a satisfactory and sufficient explanation for the prolonged delay in filing the notice of appeal. While the applicant explained the initial short delay due to lack of awareness of the judgment's delivery, it did not account for the subsequent period of over a year during which no instructions were given to its advocates. The court held that the reasons advanced were inadequate and the delay was inordinate and inexcusable. Consequently, the applicant did not merit the exercise of the court's discretion to extend time, and the application was…

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• Extension Of Time
• Notice Of Appeal
• Judicial Discretion
• Public Body Liability
• Delay In Filing
• Enforcement Of Judgments

Boro & another v Nairobi City County

Boro & another v Nairobi City County [2024] KEELRC 2437 (KLR)

Court

Employment and Labour Relations Court

Case number

Judicial Review E015 of 2024

Judge

AN Mwaure

The court found that the applicants were awarded judgment and costs in 2019, with a decree and certificate of order subsequently issued. The respondent has not appealed or set aside the judgment and has failed to pay the decretal sum, relying solely on budgetary constraints. The court held that internal budgetary processes cannot override a court's judgment, and public bodies are obligated to honour court decrees. The respondent's vague promise to pay when funds are available was deemed insufficient, as it would render the applicants' judgment unenforceable and deny them justice. The court re…

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• Mandamus
• Enforcement Of Judgments
• Public Body Liability

Republic v Executive Member for Finance, County Government of Kisumu & 2 others; Otieno, Ragot & Co. Advocates (Exparte Applicant)

Republic v Executive Member for Finance, County Government of Kisumu & 2 others; Otieno, Ragot & Co. Advocates (Exparte Applicant) [2024] KEHC 10796 (KLR)

Court

High Court

Case number

Judicial Review E001 of 2024

Judge

MS Shariff

The High Court at Kisumu issued mandamus compelling county respondents to pay Kshs. 165,517.12 plus interest on a decree, after the respondents conceded the application.

• Judicial Review Mandamus
• Public Body Liability
• Enforcement Of Decrees
• Judicial-review
• Mandamus
• Enforcement-of-decrees