Nyabuto v Clerk, Kisii County Assembly & 2 others (Judicial Review Application E007 of 2025) [2026] KEELRC 495 (KLR) (24 February 2026) (Ruling)
- Court
- Employment & Labour Relations Court
- Case number
- 495
- Citation
- [2026] KEELRC 495 (KLR)
- Decided
- 24 February 2026
The Court finds that the Applicant has made out a basis for the grant of the order of mandamus and issues the orders sought in respect of the decree now being enforced. The Applicant will also have the costs of the application. If the sums due remain unpaid after 30 days, interest will be imposed at 14% per annum until payment in full.
Facts
The Applicant, Jerusamillcent Nyabuto, sought an order of mandamus compelling the Respondents (Clerk, Kisii County Assembly, and Director of Finance Kisii County) to satisfy a decretal sum of Kshs. 337,480/- and costs of Kshs. 133,975/- from Kisii CMELRC No. E007 of 2021, together with interest. Despite service of the certificate of order, the Respondents have failed to settle the decretal sum.
Issues
- Whether the Respondents are liable for the entire decretal sum in Kisii CMELRC No. E007 of 2021.
- Whether the Respondents have refused to act on the Court's judgment and decree, thereby warranting the issuance of an order of mandamus.
Reasoning
The Court held that the Respondents have refused to act on the Court's judgment and decree, despite a written demand, and there is no other adequate remedy other than satisfaction through payment of the decree.
Outcome
The Court grants the order of mandamus.
Orders
- Order compelling the Respondents to satisfy the decretal sum of Kshs. 337,480/- and costs of Kshs. 133,975/- from Kisii CMELRC No. E007 of 2021.
- Order for the Applicant to have the costs of the application.
- Interest of 14% per annum imposed on any unpaid sum until payment in full if the sums due remain unpaid after 30 days.
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