Six judges of the Court of Appeal have filed a case against the government over alleged failure to pay decretal sums awarded by the High Court, despite a judgment in their favour more than a year ago.
Background of the Case
The judges Aggrey Muchelule, Weldon Korir, Judy Omange, George Odunga, Evans Makori, and Joel Ngugi were each awarded Sh20 million as compensation for the three-year delay in their appointment to the appellate court.
The matter has been certified as urgent by Justice Richard Chigiti.
Judges’ Arguments
In court papers filed through lawyer Elisha Ongoya, the judges argue that the government’s continued failure to settle the decretal sums amounts to:
- Unlawful administrative inaction under Article 47 of the Constitution.
- A violation of the Fair Administrative Action Act.
- A disregard of judicial authority and the rule of law.
They claim that despite formal service of the High Court judgment, decree, taxation ruling, and a Notice of Intention to Sue dated December 15, 2025, the respondents have “failed, neglected and/or refused” to pay without lawful justification.
Legal Position
Ongoya noted that execution against the government is barred under the Government Proceedings Act, and therefore asked the court to issue an order of mandamus to compel compliance.
“The continued non-compliance with a subsisting court decree undermines the rule of law, the authority of this Honourable Court, and public confidence in the administration of justice,” the certificate of urgency states.
Next Steps
The case now awaits determination by the High Court, with the judges seeking enforcement of their compensation and accountability from the government.
