By BOB WASWANI
March 19, 2026| A former Kakamega County government employee has been granted permission to execute a judgment worth over Sh1.2 million against his former employer, nearly eight years after first moving to court.
In a ruling delivered on February 5, 2026, Justice DN Nderitu of the Employment and Labour Relations Court in Bungoma allowed an application by Kakayi Tom Mukhwana seeking certificates of order to facilitate execution proceedings against the Kakamega County Public Service Board.
The matter traces back to a judgment delivered on July 14, 2022, by Justice Keli, who found that the County Public Service Board had subjected Mukhwana to unfair labour practices. The court declared that suspending Mukhwana indefinitely without pay and failing to conclude disciplinary proceedings against him within six months violated the Public Service Commission Human Resources and Procedures Manual of 2016 and contravened Article 41 of the Constitution.
Justice Keli awarded Mukhwana various sums including housing allowance of Sh144,000, compensation for unfair labour practice and unfair termination equivalent to 12 months’ salary totalling Sh962,280, and unpaid transfer allowance of Sh48,190. Subsequently, party and party costs were taxed at Sh204,869.10, bringing the total decretal sum to approximately Sh1.36 million before statutory deductions.
However, despite the clear judgment delivered over three years ago, Mukhwana has been unable to recover the amounts due. His lawyers, Wamalwa Simiyu & Company Advocates, filed an application dated June 16, 2025, seeking certificates of order to enable execution against the County Government of Kakamega.
The application, brought under Order 29 Rule 3 of the Civil Procedure Rules and Section 21 of the Government Proceedings Act, was based on grounds that the respondent had failed to honour and settle the decretal sum plus costs. A copy of the decree was annexed to the supporting affidavit.
The application was served upon Onsango & Company Advocates, representing the respondent, as confirmed by the affidavit of service on record. However, the County Public Service Board filed no response.
In his ruling, Justice Nderitu noted that he had perused the entire file, including the judgment, the award and orders made therein, and the certificate of costs. The court confirmed that though duly served, the respondent did not respond to the application.
“The court is satisfied that the application has merits and the same is allowed as prayed,” Justice Nderitu ruled. “Consequently, a certificate of the order of the judgment and a certificate of order of costs shall issue accordingly against the respondent.”
The court also awarded costs of the application to Mukhwana.
The ruling marks the latest chapter in a legal battle stretching back to 2018 when Mukhwana first filed his claim. With the certificates of order now issued, Mukhwana can proceed with execution measures to recover the amounts awarded over three years ago.