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ELCPartially AllowedNot stated in the judgment (Originating Motion dated 19th September 2025)

Anam & another v Chief Executive Officer & Accounting Officer, National Land Commission & another (Judicial Review Application E002 of 2025) [2026] KEELC 243 (KLR)

Environment and Land Court
20 January 2026
2,047 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~8 min to read original · ~4 min brief

The bottom line

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The Environment and Land Court in Migori ordered the National Land Commission to pay Kshs. 200,000 with interest after the applicants followed the correct legal process.

What this practically means

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Executive summary

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The applicants obtained a judgment in Migori ELC Petition E006 of 2022 (Munyao Sila J, 18th February 2025) awarding nominal damages of Ksh. 100,000/= plus Ksh. 100,000/= costs for the National Irrigation Authority's trespass and expropriation of their land without compensation. They obtained and served a decree, certificate of costs, and a certificate of order against the Government under section 21 of the Government Proceedings Act, and served a notice of intention to sue on 15th July 2025. Despite service, the respondents failed to pay, prompting an Originating Motion dated 19th September 2025 seeking judicial review mandamus compelling the chief executive officer and accounting officer of the National Land Commission to pay Ksh. 200,000/= with interest from 22nd May 2025. Framing one issue - entitlement to mandamus - the court applied section 21 of the Government Proceedings Act and the authorities of Odunga J and the Trans Nzoia ex parte decision, restating that Government property is immune from execution and that money decrees can only be enforced by mandamus against the accounting officer, conditioned on certificates of order and costs being issued and served and a demand made. The applicants produced all requisite documents and affidavits of service; the respondents filed no replying affidavit to controvert. Holding the statutory requirements satisfied, the court issued mandamus compelling the National Land Commission to pay Kshs. 200,000/= with interest until payment in full, and awarded the applicants the costs of the proceedings. Judgment delivered virtually on 20th January 2026 by Nyagaka J.

Questions the Court framed

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The issues the Court set itself to decide, in its own words.

  1. 1.Whether the applicants are entitled to an order of mandamus to compel the respondents to pay the decretal sum owed to the applicants

Key legal issues

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01

Whether the applicants satisfied the statutory prerequisites in section 21 of the Government Proceedings Act for an order of mandamus to enforce a money decree against the Government

Holding

Yes - judgment, certificate of order, decree, certificate of costs, notice of intention to sue and affidavits of service were all proved and uncontroverted, entitling the applicants to mandamus

Reasoning

The court restated that execution against the Government is barred by section 21(4) and that the only route is mandamus compelling the accounting officer to pay under section 21(3). Following Odunga J's formulation, the applicant must show a judgment, a certificate of order and certificate of costs duly issued and served, and a demand. The applicants annexed the judgment dated 18th February 2025, certificate of order dated 29th April 2025, certificate of costs dated 21st May 2025, a notice of intention to sue dated 15th July 2025 and affidavits of service, and the respondents filed no replying affidavit to controvert the evidence. Mandamus issued.

p. 4

Legal principles established

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  • Enforcement of money decrees against the Government is by mandamus against the accounting officer, conditioned on compliance with section 21 of the Government Proceedings Act (certificate of order, certificate of costs and demand for payment)
  • A government department cannot escape satisfaction of a decree merely because it is the Government that owes the debt

Court orders

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  1. 1.An order of Mandamus issued compelling the National Land Commission to pay the applicants the decretal sum of Kshs. 200,000/= from the date ordered in the certificate, with interest thereon, until payment in full in accordance with the decree and certificate of order against the National Land Commission
  2. 2.The applicants shall have the costs of these proceedings

The bench

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One judgment of the whole court — no separate or dissenting opinions.

majority

Wrote the judgment

Jurisdiction invoked
Judicial review jurisdiction under the Fair Administrative Action Act; Government Proceedings Act, section 21

Relief refused

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Personal liability of the chief executive officer / accounting officer of the National Land Commission

Section 21(4) of the Government Proceedings Act prohibits individual liability; mandamus directed at the Commission as certificate holder

p. 3

Costs

The applicant shall have the costs of these proceedings.

Quotable passages

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Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.

Accordingly, this court allows the application in the following terms: An order of Mandamus is hereby issued compelling the National Land Commission to pay the applicants the decretal sum of Kshs. 200,000/= from the date ordered in the certificate, and the interest thereon
p. 5Final orders - mandamus against the National Land Commission
The applicant shall have the costs of these proceedings.
p. 5Costs
This court is satisfied that the Applicants have met the requirements set out in section 21 of the Government Proceedings Act.
p. 4Statutory prerequisites for mandamus
The sum has to be satisfied irrespective of the fact that it is government that owes it.
p. 5No immunity from satisfying decrees
the said decree can only be enforced by way of an order of mandamus compelling the accounting officer in the relevant ministry to pay the decretal amount as the Government is protected and given immunity from execution and attachment of its property/goods under Section 21(4) of the Government Proceedings Act
p. 4Exclusive enforcement route against Government

Issues in the judgment

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minor

The applicants describe the decree as Ksh. 200,000/= but the underlying petition is stated to have awarded Ksh. 100,000/= nominal damages plus Ksh. 100,000/= costs; the arithmetic reconciles but the judgment does not explain it explicitly

minor

The grounds expressly invoke Rule 5 of the Fair Administrative Action Rules, 2024, but the Rules cited in the record are not further analysed; the numbering of the dispositive paragraphs in the judgment is irregular (items a, 1, 2, 3, 20)

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Anam & another v Chief Executive Officer & Accounting Officer, National Land Commission & another (Judicial Review Application E002 of 2025) [2026] KEELC 243 (KLR)", Case Analysis (2026). Not stated in the judgment (Originating Motion dated 19th September 2025). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/243/eng@2026-01-20

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.