State sued over unpaid Judges’ compensation

The State has been sued over their alleged failure to pay compensation awarded to six judges more than a year after a court decree was issued.

In an application filed before the High Court of Kenya, the judges are seeking orders to compel the State to settle damages and costs awarded to them following a successful constitutional petition challenging violations of their rights.

The applicants are Justices Aggrey Muchelule, Weldon Korir, Joel Ngugi, George Odunga, Evans Makori and Lady Justice Judy Omange. 

They have sued the Attorney General, the Solicitor General and the Principal Secretary at the National Treasury.

According to court papers, judgment in the underlying constitutional petition was delivered on October 8, 2024, with the court finding that the State had violated the judges’ constitutional rights. 

Each judge was awarded Sh15 million in general damages and Sh5 million in exemplary damages, together with interest at court rates and costs of the suit.

The judges state that the respondents were represented in court when judgment was delivered and were fully aware of its terms. 

They subsequently filed a party-and-party bill of costs, which was taxed on April 8, 2025 at Sh4,055,625 after the court found they failed to attend the taxation proceedings.

Despite the judgment, decree and taxation ruling remaining unchallenged — with no appeal, stay, review or setting aside — the applicants say the State has failed to make any payment. 

"That despite formal service of the Judgment, Decree, Taxation Ruling and a Notice of Intention to Sue dated 15th December 2025, the Respondents have failed, neglected and/or refused to satisfy the decretal sums without lawful justification," court documents state.

They further state that a formal notice of intention to sue and demand for settlement was served on the respondents and the relevant accounting officers on December 15, 2025, without success.

In the application, the judges argue that execution cannot issue against the Government under the Government Proceedings Act, leaving judicial review proceedings as the only effective remedy available to them.

They are now seeking an order to compel the Attorney General, the Solicitor General and the Treasury Principal Secretary to satisfy the decree in full.

The judges contend that failure to pay a lawful court award amounts to unlawful administrative inaction and violates Article 47 of the Constitution, which guarantees the right to lawful, reasonable and procedurally fair administrative action. 

They also argue that the continued non-compliance undermines the rule of law and erodes public confidence in the administration of justice.

In a certificate of urgency accompanying the application, the judges warn that unless the court intervenes, they will remain without an efficacious remedy despite holding a valid and binding decree. 

They maintain that the respondents bear a clear constitutional and statutory duty to ensure settlement of court awards against the Government.

"That 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," they say in their court documents.

The court has been asked to certify the matter as urgent and to hear it on a priority basis.