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Case Brief · caselaw.co.ke
ELRCPartially AllowedELRC Cause No. 642 of 2019

Frank Omondi Anyiko & 35 Others v County Government of Nairobi

Employment & Labour Relations Court
21 September 2026
2,832 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~11 min to read original · ~4 min brief

The bottom line

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Nairobi County must show bank proof it paid a judgment debt, or former employees can start executing against it.

What this practically means

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Executive summary

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The County Government of Nairobi (Respondent/Applicant) filed a Notice of Motion dated 25th August 2025 seeking stay of execution, and review or setting aside, of a Certificate of Order Against the Government issued on 15th July 2025 and the Deputy Registrar's Ruling of 24th January 2025, which computed only Kshs 2,424,000 as paid against a consent judgment of 4th November 2020 for Kshs 8,871,040. The Applicant asserted it had fully settled the decree, that the claim for party-and-party costs had been dismissed by a Ruling of 30th September 2024 and waived by the Claimants on 21st November 2024, and that the Deputy Registrar's computation disregarded its appropriation of costs and payments. The Claimants, former county employees, opposed, asserting only two payments totalling about Kshs 2,424,200 had been made, that no proof of payment existed, that the application was an afterthought brought after eight months' delay without any ground for review under Section 80 of the Civil Procedure Act and Order 45, and that disputes about quantum were grounds of appeal, not review. Justice Hellen Wasilwa found the stay grounds not viable: the Applicant failed to exhibit bank transfers or statements, and a payment voucher is not proof of payment; even its admitted payments of Kshs 4,713,200 fell short of the decretal sum plus interest. The court held it could not vary the certificate of costs, that being the Deputy Registrar's function, but allowed the Applicant 15 days to appear before the Deputy Registrar with fresh proof of payments for re-evaluation, with temporary stay for that period, failing which execution may proceed. Costs were ordered in the cause.

Questions the Court framed

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

  1. 1.Whether the Deputy Registrar erred in law and in fact in the computation of the sums allegedly outstanding in the Ruling delivered on 24th January 2025
  2. 2.Whether the Respondent/Applicant is entitled to the orders sought in the Application (stay, review/setting aside of the Certificate of Order Against the Government)
  3. 3.Who should bear the costs of the Application

Key legal issues

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01

Whether the decretal sum had been fully paid so as to justify stay and setting aside of the Certificate of Order Against the Government

Holding

Not established; the applicant failed to exhibit payment details and its own figures totalled only Kshs 4,713,200 against a decretal sum of Kshs 8,871,040 plus interest

Reasoning

The court examined the averments and submissions and found that despite asserting full payment, the applicant exhibited no bank transfers or statements. Its own admitted payments fell far short of the decretal sum plus accrued interest, so the grounds for stay were not viable.

p. 14
02

Whether the court could review or vary the Deputy Registrar's computation and the Certificate of Order

Holding

The court cannot vary the certificate of costs as that is the Deputy Registrar's duty; variation can only occur after the applicant submits evidence of payments

Reasoning

The court held that computation of the decretal amount paid falls within the Deputy Registrar's mandate. It declined to re-calculate itself but gave the applicant 15 days to present fresh proof of payments to the Deputy Registrar for re-evaluation, with temporary stay in the interim.

p. 14

Legal principles established

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  • A payment voucher is not proof of payment; actual payment must be evidenced by bank transfers or bank statements
  • The court cannot vary a certificate of costs; that is the function of the Deputy Registrar

Court orders

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  1. 1.Applicant given an opportunity to appear before the Deputy Registrar with fresh proof of payments made, if at all, for re-evaluation within 15 days
  2. 2.Temporary stay of execution for the said period or as may be extended by the Deputy Registrar
  3. 3.In default, execution may proceed
  4. 4.Costs in the cause

The bench

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

majority

Wrote the judgment

Jurisdiction invoked
Original employment and labour relations jurisdiction of the ELRC over a cause filed by former employees of the County Government of Nairobi

Relief refused

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Review and/or setting aside of the Deputy Registrar's Ruling of 24th January 2025 and the Certificate of Order Against the Government of 15th July 2025

Court held it cannot vary the certificate of costs, that being the Deputy Registrar's duty, and the applicant failed to exhibit proof of payment

p. 14

Costs of the application to the Applicant

Costs were ordered to be in the cause

p. 14

Costs

Costs in the cause

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.

Despite the fact that the applicant indicated that the decretal sum has been fully paid, the applicant failed to exhibit any payment details made either in form of bank transfers or bank statements that were made.
p. 14Burden of proving payment
The applicant sought to rely on a payment voucher which is not proof of payment.
p. 14Evidentiary value of payment vouchers
I would therefore give the applicant an opportunity to appear before the DR with fresh proof of payments made if, at all, for re- evaluation within 15 days. There will be temporary stay for the said period or as may be extended by the Deputy Registrar. In default execution may proceed. Costs in the cause.
p. 14Final orders / disposition

Issues in the judgment

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minor

Delivery date appears to be a typographical error (2026 instead of 2025)

minor

Claimants' pleaded payments total Kshs 2,424,200 but the impugned ruling is said to have computed Kshs 2,424,000

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, "Frank Omondi Anyiko & 35 Others v County Government of Nairobi", Case Analysis (2026). ELRC Cause No. 642 of 2019. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2026/2471/eng@2026-09-21

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