Six Court of Appeal Judges Sue Government Over Unpaid Sh20 Million Awards

By : Mweru Mbugua 

Six judges of the Court of Appeal of Kenya have moved to court seeking to compel the government to pay Sh20 million each in compensation awarded to them by the High Court more than a year ago

The judges  Aggrey Muchelule, Weldon Korir, Judy Omange, George Odunga, Evans Makori and Joel Ngugi — state that the compensation relates to the three-year period they waited before being appointed to the appellate court

The case has been certified as urgent by Richard Chigiti

Through their lawyer Elisha Ongoya, the judges argue that the government has failed to settle the decretal sums despite being formally served with the High Court judgment, decree, taxation ruling, and a Notice of Intention to Sue dated December 15, 2025

In court filings, they describe the delay as “ongoing unlawful administrative inaction,” contending that it violates Article 47 of the Constitution as well as provisions of the Fair Administrative Action Act

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The petitioners further note that execution proceedings against the state are barred under the Government Proceedings Act. As a result, they are seeking an order of mandamus to compel the government to comply with the court decree

“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,” states the certificate of urgency filed in court

The matter is now awaiting further directions from the court