Republic v The County Secretary Nyamira County & 2 others; Osumu & 3 others (Exparte Applicants) (Judicial Review Application E009 of 2024) [2024] KEELRC 1597 (KLR)
The bottom line
#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
#Executive summary
#Questions the Court framed
#The issues the Court set itself to decide, in its own words.
- 1.Whether the Respondents were properly served with the Certificate of Taxation and Certificate of Costs
- 2.Whether the Respondents' failure to satisfy the taxed costs amounted to wilful neglect warranting an order of mandamus
Key legal issues
#Whether mandamus lies to compel the county officials to pay the taxed decretal costs
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.
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.
Legal principles established
#- Failure to satisfy a taxed certificate of costs without explanation or disclosure of difficulty constitutes wilful neglect justifying mandamus against public officers
Court orders
#- 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.The ex parte applicants to have costs of the Motion
The bench
#One judgment of the whole court — no separate or dissenting opinions.
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
#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.
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/-
The ex parte applicants to have costs of the Motion.
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#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.