NAIROBI, Kenya — Six judges of the Court of Appeal have filed a case against the government for failing to pay them compensation awarded by the High Court, despite the ruling being in their favour for over a year.
The judges, Aggrey Muchelule, Weldon Korir, Judy Omange, George Odunga, Evans Makori, and Joel Ngugi, were each awarded Sh20 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 court documents, the judges, through lawyer Elisha Ongoya, argue that the government’s failure to pay constitutes “ongoing unlawful administrative inaction”, violating Article 47 of the Constitution and the Fair Administrative Action Act.
The judges claim that despite formal service of the High Court judgment, decree, taxation ruling, and a Notice of Intention to Sue dated 15 December 2025, the respondents have “failed, neglected, and/or refused to satisfy the decretal sums without lawful justification.”
Ongoya further argued that execution against the government is barred under the Government Proceedings Act, and urged the court to intervene urgently through 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 certification read.
The case highlights growing concerns over delayed payments and administrative inaction affecting the judiciary, raising questions about government adherence to court rulings and respect for the rule of law.
