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ELRCAllowedJudicial Review No. E002 of 2026

Bius Clement Ochieng & another v Board of Management Ngere Kagoro Secondary School & 4 others

Employment & Labour Relations Court of Kenya at Kisumu
21 September 2026
1,418 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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A Kenyan court ordered a school to pay a Kshs 2.48 million judgment debt in full, rejecting a 13-year instalment plan as bad faith.

What this practically means

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Executive summary

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The Applicants, judgment creditors in Kisumu CMELRC E235 of 2021, sought an order of mandamus compelling the Respondents to pay a decretal sum of Kshs. 2,314,128.40 plus assessed costs of Kshs. 167,053/-. Judgment was delivered on 1st December 2023 and costs assessed on 16th April 2024, but the amounts remained unpaid. The Respondents' appeal was struck out on 13th March 2025 and the Applicants' garnishee proceedings were dismissed. The Respondents, through their Secretary, opposed the motion, asserting willingness to pay but pleading lack of government capitation, and proposed an initial payment of Kshs. 80,000/- plus monthly instalments of Kshs. 10,000/- per Applicant. The Applicants countered that the School had other income sources such as school fees and that the instalment proposal would take about 13 years, demonstrating bad faith. The court held that the Respondents had a judgment to meet, that their instalment proposal made their averred intent to pay farcical, and that any party seeking to pay by instalments must demonstrate keenness to settle. Since payment of government debt is structured and no payment had been evidenced, mandamus was the only avenue. The motion was allowed with costs to the Applicants.

Questions the Court framed

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

  1. 1.Whether the legal threshold for issuance of an order of Mandamus has been satisfied
  2. 2.Whether the grant of an order of mandamus will bring the School to its knees
  3. 3.Who should bear the cost of the Application

Key legal issues

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01

Whether the threshold for mandamus was satisfied

Holding

Yes; the Respondents made no efforts to settle the debt, so mandamus issues

Reasoning

The court found the decretal sum and costs owing and due. The Respondents' proposal of an initial Kshs. 80,000/- lump sum plus monthly instalments spanning roughly 13 years rendered their averred intent to pay farcical. Since payment of government debt is structured and no payment had been evidenced, mandamus was the only avenue to compel payment.

p. 9
02

Whether mandamus would cripple the School's operations

Holding

The court was not persuaded; the instalment proposal showed lack of good faith rather than genuine financial constraint

Reasoning

The Respondents claimed lack of government capitation, but the Applicants pointed to other income sources such as school fees and continued operation of the School. The court held that any party seeking instalment payment must demonstrate keenness, and the proposed instalments made the intent to pay farcical.

p. 9
03

Costs of the application

Holding

Applicants awarded costs of the application

Reasoning

Having found the motion successful, the court exercised its discretion on costs in favour of the Applicants, awarding them the costs of the application in addition to the relief sought.

p. 9

Legal principles established

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  • Where payment of a government debt has not been evidenced and payment must be compelled, mandamus is the only avenue
  • A party seeking to pay a debt by instalment must demonstrate keenness to settle the debt

Court orders

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  1. 1.Order of mandamus compelling the Respondents to pay the decretal sum of Kshs. 2,314,128.40 together with costs of Kshs. 167,053/-
  2. 2.Applicants awarded the costs of the application

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 for orders of mandamus pursuant to leave granted on 17th February 2026 in JR Misc. Civil Application No. E090 of 2025

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 payment of debt by Government is structured and in the event there is no payment evidenced and there is need to compel payment, there is only one avenue – mandamus.
p. 9mandamus as the avenue to compel government debt payment
In my considered view, any party seeking to pay a debt by instalment must demonstrate keenness to settle the debt.
p. 9instalment payments and good faith
The motion therefore is successful and the Applicant will have the costs of the application before this Court as well.
p. 9disposition and costs

Issues in the judgment

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minor

Caption headed 'RULING' though it disposes of the substantive judicial review motion

minor

Further Affidavit dated 13th July 2026 but Replying Affidavit sworn 17th March 2026; submissions chronology unclear

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, "Bius Clement Ochieng & another v Board of Management Ngere Kagoro Secondary School & 4 others", Case Analysis (2026). Judicial Review No. E002 of 2026. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2026/2464/eng@2026-09-21

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