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ELCPartially AllowedELC JR NO. E001 OF 2024

Auma v County Government of Kisumu (Environment and Land Judicial Review Case E001 of 2024) [2026] KEELC 5324 (KLR)

Environment and Land Court
21 August 2026
4,005 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~16 min to read original · ~4 min brief

The bottom line

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The court ruled Kisumu County wrongly deducted tax from a court award, must pay the remaining Kshs. 120,692.76 within 30 days, or face jail for contempt.

What this practically means

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Executive summary

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This ruling by Wabwoto, J. of the Environment and Land Court at Kisumu deals with whether the County Government of Kisumu has purged the contempt found against it on 27th October 2025 for wilful disobedience of an order of mandamus issued by Okong'o, J. on 8th July 2024 requiring payment of Kshs. 490,629/= to decree holder Dominic Odondi Auma. The Respondent paid Kshs. 457,491.24 in December 2025 after deducting VAT of Kshs. 8,459.12, withholding tax of Kshs. 24,531.45 and a PPRA levy of Kshs. 147.19, and declined to pay the taxed costs of Kshs. 87,555/=. The court held that all three deductions were made without lawful basis: a court decree is not taxable income under the Income Tax Act (following A.M. Bahaji and the Cape Brandy Syndicate canon), the decree holder made no taxable supply under the VAT Act, and there was no procurement contract to attract the PPRA levy. It further held that the taxed costs form part of the contempt sum, the contempt declaration of 27th October 2025 having covered the order entire and the court being functus officio on that finding. The contempt was held purged in part only. The Chief Officer, Finance was ordered to pay the outstanding Kshs. 120,692.76 within thirty days, failing which he must attend court for sentencing. Each party was ordered to bear its own costs.

Questions the Court framed

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

  1. 1.whether the Respondent was entitled in law to deduct Value Added Tax, withholding tax and the procurement levy from the decretal sum
  2. 2.whether the taxed costs of Kshs. 87,555/= form part of the sum for the non-payment of which the Respondent stands in contempt
  3. 3.whether the contempt found on 27th October 2025 has been purged, and what consequential orders ought to issue

Key legal issues

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01

Lawfulness of the three deductions from the decretal sum

Holding

The deductions of VAT, withholding tax and the PPRA levy were made without lawful basis and are of no legal effect against the decree holder

Reasoning

A court decree is not income chargeable under section 3(1) read with section 10 of the Income Tax Act; following A.M. Bahaji and Cape Brandy Syndicate, tax liability must be found in clear statutory words. The decree holder made no taxable supply under the VAT Act and there was no procurement contract to attract the PPRA levy. The withholding tax certificate wrongly described the advocate as the withholdee.

p. 14
02

Whether taxed costs form part of the contempt sum

Holding

The taxed costs of Kshs. 87,555/= form part of the sum for non-payment of which the Respondent stands in contempt

Reasoning

The contempt declaration of 27th October 2025 covered the order of 8th July 2024 entire, including the costs limb; the court is functus officio on that finding. The Certificate of Taxation satisfies section 21 of the Government Proceedings Act in substance, and the objection was raised too late by a party already in contempt who never disputed the taxation.

p. 17
03

Whether the contempt has been purged and what sanction should follow

Holding

The contempt has been purged in part only; one final opportunity of thirty days to pay Kshs. 120,692.76 was granted, failing which the Chief Officer, Finance shall attend for sentencing

Reasoning

Civil contempt is primarily coercive, not punitive. The greater part of the decretal sum was paid before the present round of affidavits and the shortfall arose from an obstinate but erroneous view of fiscal obligations within an institutional payment system. Against that, the order was disobeyed for some seventeen months and the A.M. Bahaji authority was never distinguished.

p. 21

Legal principles established

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  • A party against whom a money order is made cannot satisfy it in part or net it down according to its own view of its fiscal obligations
  • A court decree is not taxable income under the Income Tax Act
  • Where a deduction has been made without lawful basis, the burden of undoing it rests on the party who made it

Court orders

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  1. 1.Declaration that the deductions of Kshs. 8,459.12 (VAT), Kshs. 24,531.45 (withholding tax) and Kshs. 147.19 (procurement levy), aggregating Kshs. 33,137.76, from the decretal sum of Kshs. 490,629/= were made without lawful basis and are of no legal effect as against the decree holder
  2. 2.Finding that the contempt declared on 27th October 2025 has been purged in part only, and that Kshs. 120,692.76 remains outstanding under the order of 8th July 2024
  3. 3.The Chief Officer, Finance, County Government of Kisumu shall pay the sum of Kshs. 120,692.76 to the decree holder within thirty (30) days
  4. 4.In default, the Chief Officer, Finance shall attend court in person and the court shall proceed to sentence without further notice
  5. 5.Each party to bear its own costs of these further proceedings

The bench

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

majority

Wrote the judgment

Jurisdiction invoked
Contempt and enforcement jurisdiction over the court's own orders of mandamus issued in judicial review (ELC JR No. E001 of 2024)

Relief refused

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Immediate sentencing of the contemnor

The court afforded the Respondent one final opportunity to purge the contempt, coercive rather than punitive purpose prevailing

p. 19

A further award of costs to the decree holder

Each party succeeded in part and a further award would add to a disproportionate cost burden

p. 20

Costs

Each party shall bear its own costs of these further 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.

A declaration be and is hereby issued that the deductions of Kshs. 8,459.12 on account of Value Added Tax, Kshs. 24,531.45 on account of withholding tax and Kshs. 147.19 on account of the procurement levy, aggregating Kshs.
p. 20Declaration of unlawful deductions
In default of compliance with order (iii), the Chief Officer, Finance, County Government of Kisumu shall attend this court in person and the court shall proceed to sentence without further notice.
p. 21Final orders - sanction on default
The Chief Officer, Finance, County Government of Kisumu shall, within thirty days (30) days of the date hereof, cause the sum of Kshs. 120,692.76 to be paid to the decree holder.
p. 21Compliance direction
An order of this court commanding the payment of a specified sum of money is not an invoice.
p. 9Nature of court orders
Payments made in satisfaction of court decrees are not procurement payments and ought not to be treated as such.
p. 20County payment machinery advisory

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, "Auma v County Government of Kisumu (Environment and Land Judicial Review Case E001 of 2024) [2026] KEELC 5324 (KLR)", Case Analysis (2026). ELC JR NO. E001 OF 2024. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/5324/eng@2026-08-21

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