Six Court of Appeal judges sue government over unpaid Ksh.20M compensation
Six Court of Appeal judges sue government over unpaid Ksh.20M compensation
Six Court of Appeal judges have filed a case against the government over alleged failure to pay decretal sums awarded by the High Court, despite the judgment being in their favour for more than a year.
The judges — Aggrey Muchelule, Weldon Korir, Judy Omange, George Odunga, Evans Makori and Joel Ngugi — say they were each awarded Sh20 million as compensation for the three-year period they waited to be appointed to the appellate court.
The matter has been certified as urgent by Justice Richard Chigiti.
In court papers filed through lawyer Elisha Ongoya, the judges argue that the government’s continued failure to settle the decretal sums amounts to “ongoing unlawful administrative inaction” and violates Article 47 of the Constitution and the Fair Administrative Action Act.
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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.
Ongoya says execution against the government is barred under the Government Proceedings Act, and has 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.
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