Chanandin v Nairobi City County (Judicial Review Application E021 of 2022) [2026] KEELC 549 (KLR)
The bottom line
#The High Court compelled a government respondent to pay Ksh 1,146,219.64 owed under a court decree, confirming mandamus works when the proper procedure is followed.
What this practically means
#Executive summary
#Key legal issues
#Whether the applicant satisfied the section 21 Government Proceedings Act preconditions for mandamus
Yes - the applicant obtained a valid decree, a certificate of order against the Government, served it on the respondent, and made demand; the respondent did not controvert compliance and there was no appeal, stay or judicial review against the original judgment.
The court adopted the Odunga J formulation that mandamus against the Government is an elaborate procedure requiring proof of compliance with the Government Proceedings Act as to the certificate of costs and certificate of order, plus a demand and refusal. The court found it undisputed that the applicant satisfied all section 21 requirements, that service was effected (cured by further affidavit), and that the respondent failed to controvert compliance or show any appeal or stay. Principles of justice and finality require valid orders to be honoured.
Scope and efficacy of an order of mandamus
Mandamus is a command of extensive remedial nature directed to a person or authority to perform a public duty, issuing where there is a specific legal right and no specific legal remedy, and it must command no more than the party is legally bound to perform.
Relying on the Court of Appeal in Kenya National Examination Council v Republic ex parte Geoffrey Gathenji Njoroge, quoting Halsbury's Laws of England, the court restated that mandamus remedies defects of justice, may issue notwithstanding an alternative remedy that is less convenient, beneficial and effectual, and cannot command performance beyond the legal obligation or in a specific mode where a statute leaves discretion as to mode of performance.
Legal principles established
#- A court will only issue an order of mandamus if the requirements under section 21 of the Government Proceedings Act, including issuance and service of a certificate of order and a demand for payment, have been fulfilled.
- Where a judgment creditor has complied with section 21 of the Government Proceedings Act and the Government fails to honour its obligation, an order of mandamus lies to compel performance of that statutory duty.
- A cause of action for mandamus against the Government accrues only after compliance with section 21 and a demand for payment.
Court orders
#- 1.An order for mandamus issued compelling the respondent to comply with the decree issued on 19th September 2022 in Nairobi ELC Case No 439 of 20028 and pay the applicant Ksh 1,146,219.64 being the decretal sum and interest accrued
- 2.Costs of the suit awarded to the applicant
- Jurisdiction invoked
- Judicial review jurisdiction to issue an order of mandamus (Government Proceedings Act, section 21 procedure)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Chanandin v Nairobi City County (Judicial Review Application E021 of 2022) [2026] KEELC 549 (KLR)", Case Analysis (2026). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/549/eng@2026-02-03
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.