A fresh legal battle is brewing between senior members of the Judiciary and the government after six Judges of the Court of Appeal filed an urgent case seeking to compel payment of monies awarded to them more than a year ago.
Justices Aggrey Muchelule, Weldon Korir, Judy Omange, George Odunga, Evans Makori and Joel Ngugi say the State has failed to honour a High Court judgment that granted each of them Sh20 million as compensation for the three-year delay in their appointment to the appellate bench.
The matter has been certified urgent by Justice Richard Chigiti.
In their application, filed through lawyer Elisha Ongoya, the judges argue that the government’s failure to settle the decretal sums amounts to ongoing unlawful administrative inaction. They contend that the continued delay violates Article 47 of the Constitution, which guarantees fair administrative action, as well as provisions of the Fair Administrative Action Act.
Court papers indicate that the High Court judgment, decree and taxation ruling were formally served on the relevant State agencies. The judges also issued a Notice of Intention to Sue dated December 15, 2025. Despite this, they say, no payment has been made and no lawful explanation has been offered.
The six judges are now seeking an order of mandamus to compel the government to satisfy the decree, arguing that execution proceedings against the State are barred under the Government Proceedings Act, leaving them with no other effective remedy.
They warn that failure to comply with a subsisting court decree undermines the authority of the courts and erodes public confidence in the rule of law.
The case now sets the stage for a rare and significant confrontation, where members of the appellate bench are asking the courts to compel the Executive arm of government to honour a judgment already issued in their favour.
