NAIROBI,Kenya Feb 25-Six judges of the Court of Appeal have moved to court, accusing the government of failing to pay them compensation awarded by the High Court more than a year ago.
The six Aggrey Muchelule, Weldon Korir, Judy Omange, George Odunga, Evans Makori and Joel Ngugi were each awarded Sh20 million as compensation for the three-year period they waited before being appointed to the appellate bench.
The application has been certified as urgent by Justice Richard Chigiti.
In their filings, the judges, through lawyer Elisha Ongoya, argue that the government’s continued failure to settle the decretal sums amounts to ongoing unlawful administrative inaction in violation of Article 47 of the Constitution and the Fair Administrative Action Act.
They state 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 satisfy the decretal sums without lawful justification.”
Ongoya further argues that execution proceedings against the government are barred under the Government Proceedings Act, and has urged the court to urgently issue an order of mandamus compelling 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.
In 2024,The court while awarding them Ksh.15 million each in damages and Ksh.5 million as exemplary damages ruled that the former president Uhuru Kenyatta was required to appoint them within a reasonable time but did not.
