Six Court of Appeal Judges Sue Government Over Unpaid Ksh20 Million Compensation Awards

The petitioners—Aggrey Muchelule, Weldon Korir, Judy Omange, George Odunga, Evans Makori, and Joel Ngugi—claim the awards were granted as redress for enduring a three-year delay in their appointment to the appellate court, despite prior recommendations. Represented by lawyer Elisha Ongoya, they argue that the government's persistent non-payment amounts to unlawful administrative inaction, breaching Article 47 of the Constitution on the right to fair administrative action and provisions of the Fair Administrative Action Act.

The case, certified as urgent by Justice Richard Chigiti, seeks an order of mandamus to compel the government—including relevant bodies like the Attorney General, National Treasury, and Solicitor General—to honor the High Court decree. The judges have already served formal documents, including the judgment, decree, taxation ruling, and a Notice of Intention to Sue dated December 15, 2025, yet no payment has been forthcoming. They contend that this refusal lacks any lawful justification and undermines the rule of law, judicial authority, and public confidence in the justice system, especially since execution against the government is restricted under the Government Proceedings Act.

This legal action stems from broader historical delays in judicial appointments under previous administrations, where similar claims by judges for constitutional rights violations due to prolonged waiting periods have led to compensation orders. The judges emphasize that continued non-compliance with a valid court decree erodes the integrity of judicial processes. The matter is now before the High Court for further proceedings, highlighting ongoing tensions between the Judiciary and the Executive over fulfillment of court-ordered payments in Kenya.