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ELRCAllowedNot stated in judgment (ex parte Motion dated 28 March 2024)

Republic v The County Secretary Nyamira County & 2 others; Osumu & 3 others (Exparte Applicants) (Judicial Review Application E009 of 2024) [2024] KEELRC 1597 (KLR)

Employment and Labour Relations Court
26 June 2024
608 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~2 min to read original · ~4 min brief

The bottom line

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The Employment Court ordered three Nyamira County officials to personally pay Kshs 1.76 million in awarded court costs they had ignored.

What this practically means

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Executive summary

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The ex parte applicants, successful litigants in Kisumu ELRC Petition No. 23 of 2019 (Andrew Ochengo Osumo & 3 others v County Government of Nyamira & 6 others), obtained a judicial review Motion dated 28 March 2024 seeking an order of mandamus to compel the County Secretary, the CEC Member for Finance and Accounting Services and the Chief Officer, Economic Planning, Resource Mobilisation & ICT of Nyamira County to pay Kshs 1,762,050.00, being party-to-party costs taxed on 18 January 2022, with timelines for settlement and interest. The applicants contended that the Certificate of Taxation was served on the County Attorney but the Respondents refused to satisfy the costs. Leave to commence the judicial review proceedings had been granted on 18 March 2024. The Respondents, though served and represented in Court on 9 May 2024 by an advocate who had not formally come on record, filed neither a response nor submissions by the Court's timelines. The Court found evidence that both the Certificate of Taxation and Certificate of Costs were issued and served, and that the Respondents' failure to satisfy the costs without any disclosed explanation or difficulty amounted to wilful neglect. Holding the Motion merited, the Court on 26 June 2024 issued mandamus compelling the named county officials to pay the decretal sum of Kshs 1,762,050.00 to the ex parte applicants, and awarded the applicants the costs of the Motion. The judgment was delivered virtually, dated and signed in Kisumu by Radido Stephen, Judge.

Questions the Court framed

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

  1. 1.Whether the Respondents were properly served with the Certificate of Taxation and Certificate of Costs
  2. 2.Whether the Respondents' failure to satisfy the taxed costs amounted to wilful neglect warranting an order of mandamus

Key legal issues

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01

Whether mandamus lies to compel the county officials to pay the taxed decretal costs

Holding

The Motion was merited; the Respondents were served with the Certificate of Taxation and Certificate of Costs but failed or declined to satisfy them without explanation, amounting to wilful neglect.

Reasoning

The Court found evidence that the Certificate of Taxation and Certificate of Costs against the County Government were issued and served. The Respondents' advocate appeared in Court on 9 May 2024, evidencing service, yet no response or submissions were filed within the timelines granted. No explanation or difficulty was disclosed for the non-payment, so wilful neglect was established and mandamus was the appropriate remedy.

p. 3

Legal principles established

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  • Failure to satisfy a taxed certificate of costs without explanation or disclosure of difficulty constitutes wilful neglect justifying mandamus against public officers

Court orders

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  1. 1.An order of mandamus issued against the County Secretary, the CEC Member, Finance and Accounting Services and the Chief Officer, Economic Planning, Resource Mobilisation & ICT compelling them to pay Kshs 1,762,050.00, being the Party to Party Bill of Costs in Kisumu ELRC Petition No. 23 of 2019, to the ex parte applicants
  2. 2.The ex parte applicants to have costs of the Motion

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, leave granted on 18 March 2024 to commence judicial review proceedings (mandamus to enforce payment of taxed costs)

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.

The Respondents have failed or declined to satisfy the costs. No explanation or dificulty has been disclosed for the failure to satisfy the costs. It is, therefore, the position that there has been willful neglect to satisfy the costs.
p. 3Wilful neglect to satisfy taxed costs
An order of mandamus be and is hereby issued against the Respondents herein namely the County Secretary, the CEC Member, Finance and Accounting Services & the Chief Oficer, Economic Planning, Resource Mobilisation & ICT compelling them to pay sum of Kshs 1,762,050.00/-
p. 3Final orders - mandamus issued
The ex parte applicants to have costs of the Motion.
p. 3Costs of the Motion

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 Nyamira County & 2 others; Osumu & 3 others (Exparte Applicants) (Judicial Review Application E009 of 2024) [2024] KEELRC 1597 (KLR)", Case Analysis (2024). Not stated in judgment (ex parte Motion dated 28 March 2024). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2024/1597/eng@2024-06-26

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