Faith Masita
Six Court of Appeal judges have filed a lawsuit against the Attorney-General, the Solicitor-General and the Treasury Principal Secretary for failing to comply with a 2024 High Court order to pay them KSh 20 million each in compensation for delays in their appointments to the appellate bench.
The judges present were Aggrey Muchelule, Weldon Korir, Joel Ngugi, George Odunga, Evans Makori and Judy Omange say that the government has ignored the court’s directive to settle the KSh 124 million award, a judgment granted after they waited nearly three years to be officially appointed to the Court of Appeal.
What happened
In 2024, a court ruled that the six judges were entitled to KSh 20 million each for damages arising from the delay in appointing them to the appellate court following nominations that were initially overlooked
Despite the court’s order, the government has not paid the awards, prompting the judges to seek enforcement through the High Court.
Legal action
In the petition lodged at the High Court, the judges argue that the Attorney-General’s office, the Solicitor-General and the Treasury PS have failed to honour the judgment a position they say undermines the rule of law and judicial independence.
The Background
The compensation relates to one of several court orders the government has struggled to implement in recent years. Unpaid court awards including large compensation sums owed by the State have become an ongoing issue for public finances, with ministries and state departments reportedly sitting on hundreds of billions of shillings in unsettled judgments.
What’s next
The High Court will now determine whether the failure to pay amounts to contempt of court and what sanctions or directives are appropriate to enforce the judgment. Legal analysts say the case could set a significant precedent on how court awards against the government are executed.
The judges present were Aggrey Muchelule, Weldon Korir, Joel Ngugi, George Odunga, Evans Makori and Judy Omange say that the government has ignored the court’s directive to settle the KSh 124 million award, a judgment granted after they waited nearly three years to be officially appointed to the Court of Appeal.
What happened
In 2024, a court ruled that the six judges were entitled to KSh 20 million each for damages arising from the delay in appointing them to the appellate court following nominations that were initially overlooked
Despite the court’s order, the government has not paid the awards, prompting the judges to seek enforcement through the High Court.
Legal action
In the petition lodged at the High Court, the judges argue that the Attorney-General’s office, the Solicitor-General and the Treasury PS have failed to honour the judgment a position they say undermines the rule of law and judicial independence.
The Background
The compensation relates to one of several court orders the government has struggled to implement in recent years. Unpaid court awards including large compensation sums owed by the State have become an ongoing issue for public finances, with ministries and state departments reportedly sitting on hundreds of billions of shillings in unsettled judgments.
What’s next
The High Court will now determine whether the failure to pay amounts to contempt of court and what sanctions or directives are appropriate to enforce the judgment. Legal analysts say the case could set a significant precedent on how court awards against the government are executed.
