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ELRCDismissedJudicial Review Application, Nakuru (Respondents' Notice of Motion dated 10th December 2024)

Republic v County Government of Turkana & another; Public Service Commission (Interested Party); Joseph Kiprono Koech (Ex parte Applicant) (Judicial Review Application 4A of 2023) [2025] KEELRC 1859 (KLR)

Employment and Labour Relations Court
27 June 2025
1,460 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~6 min to read original · ~4 min brief

The bottom line

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The Employment Court refused to stop execution of a Kshs. 25.5 million salary judgment against Turkana County, ruling counties must budget for court-ordered debts.

What this practically means

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Executive summary

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The Respondents (County Government of Turkana and Another) applied by Notice of Motion dated 10th December 2024 for stay of execution of the judgment of 30th July 2024, which had issued an order of mandamus compelling them to comply with prior court orders and Public Service Commission directives to release the Ex-Parte Applicant's withheld salary and allowances of Kshs. 9,308,352 with 14% p.a. interest from 1st March 2013, plus costs. The Respondents argued the decretal sum, certified at Kshs. 25,511,993.60, was substantial and payable only through budgetary allocation, that their officers risked civil jail, and that the mandamus violated the 6-month time-limit in Sections 9(2) and (3) of the Law Reform Act. The Ex-Parte Applicant opposed, citing inordinate delay, a chain of unchallenged decisions establishing the debt since 2014, an out-of-time Notice of Appeal filed without leave, and the absence of a draft Memorandum of Appeal. Rika J declined the application. He held the stay was 'an extremely hard ask', that litigation must come to an end, that without leave under Rule 77(2) of the Court of Appeal Rules there could be no valid appeal, that the limitation argument was sterile given Article 23(3)(f) of the Constitution, and that County Governments must prioritize judgment-debts. The application was dismissed as an abuse of process, with costs to the Ex-Parte 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 Respondents' application dated 10th December 2024 for stay of execution of the judgment delivered on 30th July 2024 pending appeal should be granted
  2. 2.Whether the application was filed after inordinate delay
  3. 3.Whether the intended appeal is arguable, including the contention that the order of mandamus was issued contrary to the 6-month time-limit under Sections 9(2) and (3) of the Law Reform Act
  4. 4.Whether the Notice of Appeal, filed outside the 14 days allowed under Rule 77(2) of the Court of Appeal Rules, 2022, supports a valid appeal
  5. 5.Whether the Respondents would suffer substantial loss if execution proceeds

Key legal issues

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01

Delay in filing the stay application

Holding

The application was presented after inordinate delay of about five months, which weighed against granting stay

Reasoning

Judgment was delivered on 30th July 2024 and the stay application was filed on 10th December 2024, some five months later. Notices of execution had already issued on 21st August, 13th September and 21st November 2024. The court treated this as an inordinate delay undermining the application.

p. 3
02

Validity of the intended appeal

Holding

The Notice of Appeal was filed out of time without leave, so there can be no legally valid appeal

Reasoning

The Notice of Appeal filed on 28th August 2024 exceeded the 14 days allowed under Rule 77(2) of the Court of Appeal Rules, 2022, and no leave to file out of time was obtained. Additionally, no draft Memorandum of Appeal was availed to substantiate the claim that the appeal was arguable.

p. 3
03

Limitation under the Law Reform Act

Holding

The limitation argument was sterile because Article 23(3)(f) of the Constitution mandates the grant of judicial review orders, and the delay resulted from the Respondents' sustained refusal to pay

Reasoning

The Respondents contended the mandamus violated the 6-month time-limit in Sections 9(2) and (3) of the Law Reform Act. The court held it preposterous that successive judgments and Public Service Commission orders could be rendered inexecutable on limitation grounds, especially where the delay was caused by the very party invoking the limitation law.

p. 3
04

Substantial loss and the size of the decretal sum

Holding

The size of the decretal sum was irrelevant; what mattered was that the sum was found owing and remained unpaid

Reasoning

The Respondents argued the substantial decretal sum would disrupt budgetary projections and execution risked committal of officers to civil jail. The court held the amount was found due in 2014, giving the County over 10 years to budget for it, and County Governments must prioritize judgment-debts, especially employment dues.

p. 4

Legal principles established

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  • County Governments must prioritize settlement of judgment-debts in their budgetary planning, especially employment dues
  • An employee's salary has statutory protection under the Employment Act and must be paid when due
  • Without leave, a Notice of Appeal filed outside the 14 days allowed under Rule 77(2) supports no legally valid appeal
  • Constitutional order and the rule of law demand that unchallenged decisions and orders be implemented; litigation must come to an end

Court orders

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  1. 1.The Application filed by the Respondents dated 10th December 2024 is declined
  2. 2.Costs to the Ex-Parte Applicant

The bench

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

majority

Wrote the judgment

Jurisdiction invoked
Article 23(3)(f) of the Constitution (judicial review orders)

Relief refused

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Stay of execution of the judgment delivered on 30th July 2024 pending appeal

The application was an abuse of the process of the Court; the judgment was part of a long chain of unchallenged decisions establishing the debt, the application was made after inordinate delay, the Notice of Appeal was filed out of time without leave, and no draft Memorandum of Appeal was availed

p. 4

Costs

Costs to the Ex-Parte Applicant

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 Application filed by the Respondents dated 10th December 2024 is declined.
p. 4Final orders - dismissal of stay application
Costs to the Ex-Parte Applicant.
p. 4Costs
The order sought to stay execution of the Judgment of the Court, is in abuse of the process of the Court, without merit and is declined.
p. 4Abuse of process
Constitutional order and the rule of law, demand that these decisions must not be in vain, and must be implemented. Litigation must come to an end.
p. 3Rule of law and finality of litigation
County Governments must prioritize settlement of judgment-debts, in their budgetary planning, especially where such debts involve employment dues.
p. 4County budgetary obligations for judgment-debts

Issues in the judgment

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minor

The judgment states inconsistently that judgment was delivered on 30th July 2024 and also on 10th July 2024

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 County Government of Turkana & another; Public Service Commission (Interested Party); Joseph Kiprono Koech (Ex parte Applicant) (Judicial Review Application 4A of 2023) [2025] KEELRC 1859 (KLR)", Case Analysis (2025). Judicial Review Application, Nakuru (Respondents' Notice of Motion dated 10th December 2024). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/1859/eng@2025-06-27

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