Republic v Chief Officer Finance , County Government of Kiambu & another; Nyagah (Ex parte Applicant) (Judicial Review Application E001 of 2025) [2025] KEELRC 3658 (KLR) (17 December 2025) (Ruling)

Republic v Chief Officer Finance , County Government of Kiambu & another; Nyagah (Ex parte Applicant) (Judicial Review Application E001 of 2025) [2025] KEELRC 3658 (KLR) (17 December 2025) (Ruling) Neutral citation: [2025] KEELRC 3658 (KLR) Republic of Kenya In the Employment and Labour Relations Court at Meru Judicial Review Application E001 of 2025 L Ndolo, J December 17, 2025 IN THE MATTER OF SECTIONS 8 & 9 OF THE LAW REFORM ACT AND IN THE MATTER OF SECTIONS 21(3) OF THE COUNTY GOVERNMENT PROCEEDINGS ACT AND IN THE MATTER OF ARTICLES 47(1) & 48 OF THE CONSTITUTION OF KENYA AND IN THE MATTER OF ORDER 29 OF THE CIVIL PROCEDURE RULES AND IN THE MATTER OF APPLICATION FOR SUBSTANTIVE MOTION SEEKING JUDICIAL REVIEW REMEDY FOR AN ORDER OF MANDAMUS AND IN THE MATTER OF ENFORCEMENT OF JUDGMENT AND DECREE PASSED ON 9TH JUNE 2023 IN MERU ELRC NO 44 OF 2019 Between Republic Applicant and Chief Officer Finance , County Government of Kiambu 1st Respondent County Attorney, County Government of Kiambu 2nd Respondent and Johnson Mwaniki Nyagah Ex parte Applicant Ruling 1.By his Notice of Motion dated 21st May 2025, the Ex Parte Applicant pursues the following orders:a.That the Court do find the Chief Officer, Finance and the County Attorney- Embu County Government to be in contempt of the orders issued by the Court on 13th March 2025;b.That the Court do find that the current Chief Officer, Finance and the County Attorney-Embu County Government, having been in contempt of the orders issued by this Court on 13th March 2025, have violated [the Constitution](/akn/ke/act/2010/constitution) and therefore not liable to hold public office;c.That upon finding of contempt, the Court be pleased to commit the current Chief Officer, Finance and the County Attorney- Embu County Government to civil jail for at least six months. 2.The Motion is premised on the grounds that:a.The Ex Parte Applicant instituted judicial review proceedings against the Chief Officer, Finance and the County Attorney- Embu County Government seeking to have them compelled to honour a decree passed in Meru ELRC Cause No 44/2019: Johnson Mwaniki Nyagah v County Government of Embu & others;b.On 13th March 2025, the Court issued an order of mandamus compelling the Respondents to pay the Ex Parte Applicant the sum of Kshs. 3,140,308 being the decretal amount in Meru ELRC Cause No 44 of 2019, costs of Kshs. 297,350 plus interest at 12% from 9th June 2023;c.The Respondents have not appealed against these orders;d.The decretal sum continues to attract interest to the detriment of taxpayers;e.The Ex Parte Applicant has implored the Respondents to pay the decretal sum as directed by the Court but they have declined to honour the decree;f.The Respondents have also refused and/or neglected negotiations towards settlement;g.The Respondents are in clear contempt of court orders issued on 13th March 2025 and their actions have put the dignity and integrity of the justice system and the Court into question;h.It is important that the Court urgently issues summons to the 1st and 2nd Respondents to show cause why they should not be cited for contempt and committed to civil jail. 3.The 1st and 2nd Respondents did not respond to the application, meaning that there is no explanation as to why the decretal sum contained in the judgment delivered by Makau J on 13th March 2025 has not been paid. 4.In the circumstances, I issue summons directing the Embu Chief Finance Officer, Damiano Njagi and County Attorney, Jeremiah Githinji to personally appear before this Court on 2nd February 2026, to show cause why they should not be cited for contempt of court. 5.The Applicant will have the costs of the application. 6.Orders accordingly. **DELIVERED VIRTUALLY THIS 17 TH DAY DECEMBER 2025****LINNET NDOLO****JUDGE** Appearance:Mr. Gachaga for the ApplicantNo appearance for the Respondent