Six judges of Kenya’s Court of Appeal have moved to court to compel the Government to pay compensation awarded to them more than a year ago, after what they describe as prolonged and unlawful failure to honour a binding court decree.
The judges — Aggrey Muchelule, Weldon Korir, Judy Omange, George Odunga, Evans Makori and Joel Ngugi — say they were each awarded Sh20 million as compensation for the three years they waited before being appointed to the appellate court.
In total, the six judges are seeking enforcement of Sh120 million in decretal sums arising from a High Court judgment delivered in their favour.
The matter has been certified as urgent by Richard Chigiti, who allowed the case to be fast-tracked for hearing.
According to court papers, the judges argue that the Government’s failure to pay the compensation amounts to what they describe as “ongoing unlawful administrative inaction” and a violation of the constitutional right to fair administrative action.
They further contend that the continued non-payment breaches the Fair Administrative Action Act and Article 47 of the Constitution.
The application has been filed on their behalf by senior counsel Elisha Ongoya.
In the documents placed before the court, the judges state that the relevant government offices were formally served with the High Court judgment, the decree, the taxation ruling and a Notice of Intention to Sue dated December 15, 2025.
Despite this, they say, the respondents have “failed, neglected and/or refused” to settle the decretal sums, without offering any lawful or reasonable justification.
Through their lawyer, the judges have told the court that ordinary execution mechanisms cannot be used against the State because execution against the Government is barred under the Government Proceedings Act.
As a result, they are seeking an order of mandamus compelling the Government of Kenya to immediately comply with the court decree and pay the awarded sums.
The suit has been filed against the Government of Kenya, which the judges accuse of undermining the authority of the courts by ignoring a valid and subsisting judgment.
In the certificate of urgency, the applicants warn that continued defiance of court orders poses a serious threat to the rule of law and public confidence in the justice system.
“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 judges state.
The compensation claim stems from a prior decision by the High Court of Kenya, which found that the six judicial officers were subjected to an unreasonable and unjustified delay before their eventual elevation to the Court of Appeal.
They maintain that the prolonged delay caused them financial loss and professional disadvantage, warranting monetary compensation.
The fresh court action now seeks to enforce that earlier judgment, with the judges insisting that the Government has no legal basis to continue withholding payment.
The case is expected to raise renewed scrutiny over compliance with court orders by State agencies, particularly in matters involving financial obligations arising from judicial decisions.
