Six Judges of the Court of Appeal have filed a case against the Government for failing to pay them Ksh 20 million each awarded by the High Court.
The Judges Aggrey Muchelule, Weldon Korir, Judy Omange, George Odunga, Evans Makori, and Joel Ngugi were each awarded KSh20 million 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 their court papers, the judges through lawyer Elisha Ongoya argue that government’s continued failure to pay the decretal sums constitutes “ongoing unlawful administrative inaction” and violates Article 47 of the Constitution and the Fair Administrative Action Act.
Similarly they claim that despite formal service of the High Court judgment, decree, taxation ruling, and a Notice of Intention to Sue dated 15th December 2025, the respondents have “failed, neglected, and/or refused to satisfy the decretal sums without lawful justification.”
Ongoya argues that execution against the government is barred under the Government Proceedings Act, and urged the court to intervene urgently via 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 read.
