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

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

Kabwi v District Land Adjudication Officer Tigania East & another; Nthuku (Interested Party)

Kabwi v District Land Adjudication Officer Tigania East & another; Nthuku (Interested Party) [2025] KEELC 5189 (KLR)

Court

Environment and Land Court

Case number

Judicial Review E005 of 2025

Judge

JO Mboya

The court found that the applicant failed to exhibit any decision of the adjudication committee capable of enforcement by mandamus. The only decision annexed was that of the land adjudication and settlement officer, which dismissed the applicant's objection and contained only suggestions or observations regarding re-demarcation, not binding directives. Without a lawful and enforceable decision of the adjudication committee, the application was premised on a non-existent decision. Consequently, the court lacked jurisdiction to grant leave for judicial review in the nature of mandamus. The appl…

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• Judicial Review Leave
• Mandamus
• Land Adjudication Decisions
• Public Duty
• Jurisdiction
• Administrative Action

Veteran Pharmaceuticals Limited v County Secretary Kilifi County Government & another

Veteran Pharmaceuticals Limited v County Secretary Kilifi County Government & another [2025] KEHC 8954 (KLR)

Court

High Court

Case number

Judicial Review Application E061 of 2024

Judge

RE Aburili

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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• Mandamus Against Government
• Government Liability
• Enforcement Of Decrees
• Public Duty
• Certificate Of Order Against Government

Republic v Permanent Secretary/Provincial Administration & Internal Security Office of the President & another; Maengo (Exparte Applicant)

Republic v Permanent Secretary/Provincial Administration & Internal Security Office of the President & another; Maengo (Exparte Applicant) [2025] KEELRC 1548 (KLR)

Court

Employment and Labour Relations Court

Case number

Judicial Review Application E040 of 2024

Judge

B Ongaya

The court terminated a judicial review application for mandamus, holding there was no residual jurisdiction after an earlier lack-of-jurisdiction finding and no public duty shown.

• Judicial Review
• Mandamus
• Unlawful Dismissal
• Jurisdiction
• Public Duty
• Reinstatement

Republic v County Government of Nairobi; Mwangi & another (Exparte Applicants) (Both Suing as the Personal Representatives of the Estate of Ephantus Ngari Waithira - Deceased)

Republic v County Government of Nairobi; Mwangi & another (Exparte Applicants) (Both Suing as the Personal Representatives of the Estate of Ephantus Ngari Waithira - Deceased) [2025] KEHC 6962 (KLR)

Court

High Court

Case number

Judicial Review Application E106 of 2023

Judge

RE Aburili

The High Court granted mandamus compelling Nairobi County to pay a decree and certificate of order against the Government after finding section 21 of the Government Proceedings Act was satisfied.

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

Republic v National Land Commission & another; Khodiyar Limited (Exparte)

Republic v National Land Commission & another; Khodiyar Limited (Exparte) [2025] KEELC 4027 (KLR)

Court

Environment and Land Court

Case number

Environment and Land Judicial Review Case E009 of 2023

Judge

CA Ochieng

The court found that the ex parte Applicant was entitled to prompt and just compensation for land compulsorily acquired by the Respondents, as mandated by Article 40(3) of the Constitution and the Land Act. The Respondents did not dispute the acquisition or the amounts awarded but failed to pay the compensation for over seven years, each blaming the other for the delay. The court held that the statutory and constitutional duty to pay compensation rests with the Respondents, and the Applicant should not be prejudiced by their internal disputes. The court further held that the failure to pay co…

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• Compulsory Acquisition
• Just Compensation
• Mandamus
• Public Duty
• Interest On Compensation
• Judicial Review

Republic v Director General, Kenya National Highways Authority & 2 others; Maya Enterprises Ltd (Exparte)

Republic v Director General, Kenya National Highways Authority & 2 others; Maya Enterprises Ltd (Exparte) [2025] KEHC 7311 (KLR)

Court

High Court

Case number

Application E008 of 2024

Judge

J Ngaah

The High Court granted mandamus compelling KeNHA’s Director General to pay a decretal sum after finding execution barred and no stay order in place.

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

Republic v County Secretary, County Government of Meru & 3 others; Kaburu t/a Mwirigi Kaburu & Co Advocates (Exparte Applicant)

Republic v County Secretary, County Government of Meru & 3 others; Kaburu t/a Mwirigi Kaburu & Co Advocates (Exparte Applicant) [2025] KEELC 4161 (KLR)

Court

Environment and Land Court

Case number

Environment & Land Case E014 of 2024

Judge

JO Mboya

The court held that the Environment and Land Court has jurisdiction to entertain and determine applications for enforcement of its own decrees, including via mandamus, where the underlying proceedings and judgment originated from that court. Section 21 of the Government Proceedings Act does not bar the issuance of an order of mandamus; rather, mandamus is the only available remedy for enforcing payment of a decree against the government or county governments, as execution and attachment are expressly prohibited. The ex-parte applicant demonstrated compliance with all statutory requirements, i…

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• Judicial Review
• Mandamus Orders
• Government Liability
• Enforcement Of Decrees
• Public Duty
• Court Jurisdiction