Liechi v County Government of Homabay & another (Judicial Review Application E003 of 2023) [2025] KEELC 3232 (KLR)
The bottom line
#If you've won a money judgment against a Kenyan county government, a court order called mandamus—not ordinary asset seizure—is how you force payment.
What this practically means
#Executive summary
#Questions the Court framed
#The issues the Court set itself to decide, in its own words.
- 1.Whether leave should be granted to the Applicant to commence judicial review proceedings by way of an order for mandamus against the Respondent
Key legal issues
#Whether leave to apply for mandamus to enforce a decree against a county government should be granted
Leave granted; the decree against the county government can only be implemented by an order of mandamus.
The Applicant obtained a judgment and decree against the County Government of Homabay, served the decree and certificate of costs, and the Respondents failed to satisfy the decree despite the appeal having been heard and determined. Under Section 21 of the Government Proceedings Act as amended by Act No. 35 of 2015, execution against a county government follows the same procedure as against the national government; ordinary execution under Order 22 does not apply. The proper remedy is mandamus compelling the accounting officer to pay. The Respondents filed no response opposing the application.
Legal principles established
#- Execution against a county government follows the procedure in Section 21 of the Government Proceedings Act (as amended by Act No. 35 of 2015), and the only remedy for enforcing a monetary decree against a county government is judicial review by way of mandamus, not ordinary execution.
- An order of mandamus compels performance of a public duty imposed by statute where the duty-bearer has failed to perform it to the detriment of a party with a legal right to expect performance.
Court orders
#- 1.Leave granted to the Applicant to apply for an order of mandamus directed at the Chief Finance Officer of the County Government of Homabay compelling payment of the decretal amount of Kshs. 3,377,900/= with interest at 12% p.a. from 15th July 2021 until payment in full
- 2.Costs of the application awarded to the Ex Parte Applicant
The bench
#One judgment of the whole court — no separate or dissenting opinions.
Wrote the judgment
- Jurisdiction invoked
- Order 53 Rule 1(2) of the Civil Procedure Rules
Quotable passages
#Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.
In conclusion, I find that the instant application is merited and is therefore allowed with costs to the Applicant.
Thus, the order of Mandamus is to be issued as prayed.
It is my opinion that the Applicant has explained all the steps taken to pursue the claim for settlement in Homabay ELC Land Case No. 18 of 2018 with the judgment in that case having been entered in 2021.
an order of mandamus compels the performance of a public duty which is imposed on a person or body of persons by a statute and where that person or body of persons has failed to perform the duty to the detriment of a party who has a legal right to expect the duty to be performed.
Issues in the judgment
#Paragraph numbering jumps from paragraph 15 to paragraph 26 within the quoted extract from Gichina, indicating a transcription error in the judgment.
The Respondents' submissions raise a stay of execution/proceedings application (including a memorandum of appeal No. E046 of 2023), but the judgment does not expressly rule on or dispose of that application; the court determines only the leave question.
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Liechi v County Government of Homabay & another (Judicial Review Application E003 of 2023) [2025] KEELC 3232 (KLR)", Case Analysis (2025). Judicial Review Application dated 9th October 2023. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/3232/eng@2025-04-07
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.