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ELCAllowedELC Judicial Review Application No. 45 of 2017

Republic v The County Secretary, Nairobi City County & 2 others, Ex Parte Equilab Technologies Limited

Environment and Land Court of Kenya
5 October 2026
COChristine Ochieng
1,366 words in judgment
View original judgmentRead on Kenya Law Watch case
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·~5 min to read original · ~4 min brief

The bottom line

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A Nairobi court ordered police to arrest two senior county officials who ignored a judgment, showing Kenyan courts will jail officials who refuse to pay.

What this practically means

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Executive summary

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This is a ruling of the Environment and Land Court at Nairobi (Christine Ochieng, J) on a Notice of Motion dated 21st April 2026 by Equilab Technologies Limited, the ex parte applicant in ELC Judicial Review Application No. 45 of 2017, seeking enforcement of contempt proceedings against the County Secretary and Chief Officer, Finance/County Treasurer of Nairobi City County. The applicant sought orders directing the Inspector General of the National Police Service to execute warrants of arrest against the 1st and 2nd Respondents using all lawful means, their production before the court, committal to civil jail, and payment of a decretal sum of Kshs.11,110,136.99, taxed costs of Kshs.2,370,823.82 and assessed costs of Kshs.50,000, with interest. The application was unopposed and no submissions were filed. The court framed a single issue: whether the Inspector General should be directed to facilitate execution of the warrants and, in default, show cause why they were not executed. Relying on the Court of Appeal's decision in Fred Matiang'i v Miguna Miguna on the compulsive and peremptory nature of court orders, the court found the respondents under a duty to comply and that, a decretal sum remaining unpaid, the 1st and 2nd Respondents should be arrested and brought to court to show cause why they should not be committed. The application was allowed: the IG and his designated officer were ordered to execute the warrants within fourteen days and produce the respondents; the 1st, 2nd and 3rd Respondents were ordered to pay the decretal sum and costs with interest; in default, the contemnors were to be committed to civil jail for up to six months or until they purged the contempt by full payment. Costs of the application were awarded to the applicant.

Questions the Court framed

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

  1. 1.Whether the Inspector General of the National Police Service should be directed to facilitate execution of warrants of arrest against the 1st and 2nd Respondents by all lawful means
  2. 2.Whether in default the Inspector General should be ordered to show cause why the warrants were not executed
  3. 3.Whether the 1st and 2nd Respondents should be committed to civil jail and ordered to pay the decretal sum

Key legal issues

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01

Enforcement of warrants of arrest against contemnors through the Inspector General of Police

Holding

The court directed the IG and his designated officer to execute the warrants of arrest against the 1st and 2nd Respondents within 14 days and produce them before the court.

Reasoning

The court has discretion to issue orders to ensure enforcement of its own orders. The 1st and 2nd Respondents had failed to pay a decretal sum despite summons to show cause issued on 13th May 2025, and the bailiff had been frustrated in execution. The application was unopposed, and the court associated itself with the Miguna Miguna authority on the binding nature of court orders.

p. 7
02

Committal to civil jail for contempt

Holding

In default of payment, the 1st and 2nd contemnors are to be committed to civil jail for up to six months or until they purge the contempt by paying the decretal sum and accrued interest in full.

Reasoning

The respondents were under a duty to adhere to court orders and a decretal sum remained unsettled. Committal was framed as a default consequence of non-compliance with the payment orders, capped at six months, with purging by full payment.

p. 9

Legal principles established

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  • Court orders are compulsory and peremptory and no party may choose whether or which to obey; courts deal firmly with disobedience to preserve their authority and the rule of law.

Court orders

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  1. 1.The Inspector General of the National Police Service and his designated officer to execute the warrant(s) of arrest against the 1st and 2nd Respondents using all lawful means possible within fourteen (14) days from service and produce the arrested persons before the Court forthwith upon arrest
  2. 2.The 1st, 2nd and 3rd Respondents to forthwith pay the Applicant's advocates Kshs.11,110,136.99 with interest at court rates of 12% per annum from 30th April 2026 until payment in full
  3. 3.The 1st, 2nd and 3rd Respondents to pay the taxed costs of Kshs.2,370,823.82 with interest at 14% per annum from 30th April 2026 until payment in full
  4. 4.The 1st, 2nd and 3rd Respondents to pay assessed costs of Kshs.50,000/= with interest at 14% per annum from 13th May 2025 until payment in full
  5. 5.In default, the 1st and 2nd contemnors to be produced before Court and committed to civil jail for a period not exceeding six (6) months or until they purge the contempt by paying the entire decretal sum with accrued interest in full
  6. 6.Costs of the application awarded to the Applicant

The bench

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

CO
majority

Wrote the judgment

Jurisdiction invoked
Contempt and enforcement jurisdiction of the Environment and Land Court under the Environment and Land Court Act (Section 29 invoked for punishment)

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.

This Court has discretion to issue Orders to ensure enforcement of its Orders.
p. 6Court's enforcement discretion
Court orders issue ex cathedra, are compulsive, peremptory and expressly binding.
p. 6Binding nature of court orders (as stated in Fred Matiang'i v Miguna Miguna)
I find the instant Notice of Motion application merited and will allow it in the following terms
p. 8Disposition - application allowed
Applicant is awarded the costs of the application.
Costs order

Issues in the judgment

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minor

Application dated 21st April 2026 seeks interest running from 30th April 2026, a later date.

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, "Republic v The County Secretary, Nairobi City County & 2 others, Ex Parte Equilab Technologies Limited", Case Analysis (2026). ELC Judicial Review Application No. 45 of 2017. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/6173/eng@2026-10-05

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