By BOB WASWANI
May 27,2026| The High Court in Kakamega has ordered the County Government of Kakamega to settle a debt of more than Ksh2.6 million owed to a contractor after finding that the county had failed to honour a court decree despite acknowledging the claim.
In the judgment Justice Christine Bett directed the county government and its treasury officials to pay Grekkon Co. Limited Ksh2,633,440 plus accrued interest arising from a consent judgment entered in 2024.
The dispute stemmed from Kakamega MCCC No. E030 of 2024, in which Grekkon Co Limited and the county government entered into a settlement agreement on November 5, 2024.
According to court documents, the county failed to settle the amount despite the consent judgment being adopted by the court, prompting the company to seek judicial review orders compelling payment.
The contractor moved to court seeking an order of mandamus against the County Secretary and the County Treasurer of County Government of Kakamega.
In its response, the county government admitted the existence of the debt but attributed the delay to budgetary constraints and delayed exchequer disbursements from the National Treasury.
The county told the court that payment processes had already been initiated, including verification of the decree, confirmation of outstanding sums and preparation of payment vouchers.
County officials further argued that budget lines for court decrees under the 2024/2025 financial year had already been exhausted and that payment would depend on the next allocation from the exchequer.
However, Justice Bett ruled that financial difficulties could not excuse failure by a public body to comply with lawful court orders.
“The Applicant’s right to access the fruit of its judgment should not be sacrificed at the altar of financial expediency and alleged budgetary constraints,” the judge ruled.
The court noted that under the Government Proceedings Act, county governments are protected from attachment of property, leaving decree holders with limited options other than seeking orders compelling public officers to perform their statutory duties.
Justice Bett held that once a valid judgment exists, accounting officers have a mandatory obligation to settle the debt.
“A court order is a lawful order which must be obeyed,” the judge stated, warning that failure to comply could attract sanctions including contempt proceedings.
The court also emphasized that access to justice under the Constitution includes the right of successful litigants to enjoy the benefits of judgments issued in their favour.
The ruling adds to a growing number of cases in which contractors and suppliers have sued county governments over delayed payments, an issue that has repeatedly strained relations between devolved units and businesses providing goods and services.
Counties across Kenya have often blamed delayed exchequer releases, pending bills and budget deficits for failure to settle court decrees and supplier claims on time. However, courts have increasingly insisted that public entities remain bound by lawful judgments regardless of financial challenges.