Republic v Chief Executive Officer, National Irrigation Authority & another; Lago (Ex parte Applicant) (Environment and Land Judicial Review Case E047 of 2025) [2026] KEELC 3316 (KLR)
The bottom line
#A Kenyan court declined to award costs against a government agency that paid a decree within six months, ruling the delay was bureaucratic, not blameworthy.
What this practically means
#Executive summary
#Key legal issues
#Whether the Ex parte Applicant, whose mandamus application was rendered moot by payment during its pendency, is entitled to costs from the Respondents
Each party was directed to bear its own costs; the delay in payment was attributable to bureaucratic processes and no prejudice was shown
The court accepted that costs follow the event under section 27(1) of the Civil Procedure Act but found this to be a fit case for departure. The decretal sum and costs from the underlying miscellaneous cause were paid within six months of the certificate of order against the government. The 2nd Respondent is a government agency subject to bureaucratic disbursement processes, the Applicant suffered no demonstrated prejudice, and the application was not opposed. The court associated itself with the authorities cited on judicially-exercised discretion.
Legal principles established
#- Costs are discretionary but follow the event unless the court for good reason otherwise orders
- Where a party seeks to enforce payment of money against a government agency, they must first apply for a writ of mandamus
- Costs can only be withheld from a successful party for good cause shown
Court orders
#- 1.Each party to bear their own costs of the suit
- 2.Suit previously marked as settled on 26th February 2026 following payment of Kshs.50,000/= to the Ex parte Applicant
- Jurisdiction invoked
- Judicial review jurisdiction under leave granted on 9th October 2025 (specific constitutional/statutory provision not stated); costs governed by section 27(1) of the Civil Procedure Act
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Republic v Chief Executive Officer, National Irrigation Authority & another; Lago (Ex parte Applicant) (Environment and Land Judicial Review Case E047 of 2025) [2026] KEELC 3316 (KLR)", Case Analysis (2026). Judicial Review (leave granted 9th October 2025) - case number not stated. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/3316/eng@2026-06-02
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.