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ELRCAllowedELRC Judicial Review No. E006 of 2026· [2026] KEELRC 2583 (KLR)
Republic v County Government of Nakuru & Nakuru County Public Service Board (Ex-Parte Rebeccah Bitengo Achuti & 28 Others)
Employment & Labour Relations Court of Kenya
25 September 2026
3,025 words in judgment
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·~12 min to read original · ~4 min briefThe bottom line
#The Employment Court ordered Nakuru County to pay 29 former employees their court-awarded compensation, ruling that lack of budget allocation is no excuse for delaying payment of court judgments.
What this practically means
#Executive summary
#The Subjects/Applicants, 29 former employees of the County Government of Nakuru and its Public Service Board, obtained a judgment on 31st October 2023 in Nakuru ELRC No. E039 of 2022 awarding one month's salary in lieu of notice, gratuity at 31%, and three months' salary as compensation for unfair termination. Costs were taxed at Kshs. 435,087/=, interest at 6% per annum was granted on 30th July 2025, and a Certificate of Order against the Government was issued on 25th March 2026. Despite service, the decretal sums remained unpaid. Barred from execution against the Government, they sought mandamus under section 21(3) of the Government Proceedings Act by Notice of Motion dated 7th May 2026, leave having been granted on 30th April 2026. The Respondents opposed, arguing the application was fatally defective for failure to enjoin accounting officers vested with statutory mandate over county funds under the Public Finance Management Act, that payment was subject to budgetary processes, that no proper demand or proof of service was shown, and that mandamus is discretionary. Justice Anna Ngibuini Mwaure held that non-joinder of accounting officers is not fatal to judicial review proceedings, that the Respondents had failed since March 2024 to settle the decree without appealing or seeking review, and that lack of budgetary allocation is not a lawful reason to delay payment of government debts. Mandamus was granted as prayed, compelling payment of the decretal sums with interest and costs, and the Applicants were awarded costs of the application.
Key legal issues
#01
Whether mandamus should issue to compel payment of the decretal sum despite the Respondents' budgetary constraints and objections on non-joinder of accounting officers
Holding
Yes - mandamus issued; non-joinder of accounting officers is not fatal, and the Respondents' failure to settle or challenge the decree justified the order.
Reasoning
The court found the decree, taxed costs and Certificate of Order against the Government were served, yet the decretal sum remained unpaid since March 2024. The Respondents neither appealed nor sought review. Non-joinder of accounting officers was held non-fatal per Consolata Kihara line of authority. Lack of budgetary allocation was held not a lawful excuse for non-payment of government debts.
p. 15
Legal principles established
#- Lack of budgetary allocation is not a lawful reason for Government to refuse or indefinitely delay payment of decrees.
- Mis-joinder or non-joinder does not invalidate judicial review proceedings.
- Section 21(3) of the Government Proceedings Act places the duty to pay a decree against the Government on the Accounting Officer.
Court orders
#- 1.An order of mandamus compelling the Respondents to pay each of the Subjects/Applicants the decretal sums awarded (1 month salary in lieu of notice, gratuity at 31%, compensation equivalent to 3 months' salary for unfair termination, interest at 6% per annum, and costs of suit) as per the judgment of 31st October 2023 and decree dated 26th November 2025 in Nakuru ELRC No. E039 of 2022
- 2.The Subjects/Applicants to have costs of the application
- Jurisdiction invoked
- Sections 8 and 9 of the Law Reform Act; Order 53 of the Civil Procedure Rules; leave granted on 30th April 2026
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Republic v County Government of Nakuru & Nakuru County Public Service Board (Ex-Parte Rebeccah Bitengo Achuti & 28 Others)", Case Analysis (2026). ELRC Judicial Review No. E006 of 2026. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2026/2583/eng@2026-09-25
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.