By Peter John
The High Court in Nairobi has found the Principal Secretary in the Ministry of Agriculture, Livestock and Fisheries, Dr. Paul Kipronoh Ronoh, in contempt of court for failing to comply with a mandamus order requiring settlement of a decree dating back to 2019.
Justice R.E. Aburili delivered the landmark ruling on November 25, 2025, bringing to a head an eight-year battle for compensation by Ex Parte Applicant Elias Mutwiri Nkari.
The ruling stems from a decree issued in 2019 following a 2017 accident involving the applicant.
Despite service of the Certificate of Order Against the Government in February 2020 and a subsequent mandamus order issued in March 2025 compelling payment of Ksh 1,313,096.47, the Ministry failed to comply—prompting Nkari to file a contempt application in July 2025.
Through counsel, the applicant argued that the government had ignored clear court directives despite being fully aware of the penalties attached to non-compliance.
Records before the court showed that the Ministry had been served with the decree, judgment, and penal notice but had made no payment five years after the decree became final.
In response, the Principal Secretary acknowledged the decree and the mandamus order but attributed the non-payment to inadequate budgetary allocation and bureaucratic delays.
He insisted that the Ministry was willing to comply as soon as Treasury funds became available, pointing to letters written in February 2025 as evidence of steps taken to pursue the matter.
Justice Aburili rejected this explanation, noting that the Ministry had been aware of the decree since 2020 and had ample opportunity to budget for the payment in multiple financial cycles.
She stressed that internal financial challenges, bureaucratic hurdles, and delays in Treasury disbursements cannot operate as lawful justifications for ignoring court orders.
The judge emphasized that contempt is a serious affront to the administration of justice, quoting established jurisprudence that demands strict obedience to court orders at all times.
She noted that the Ministry offered no proof of any meaningful effort to settle the decree, nor had it sought a stay, review, or variation of the orders if compliance truly posed challenges.
Justice Aburili held that the applicant had fully satisfied the legal test for contempt: the order was clear, the PS had full knowledge of its terms, and the Ministry had deliberately failed to comply.
The judge found that the continued defiance undermined not only the applicant’s rights but the authority and dignity of the court and the broader public interest.
Consequently, Dr. Ronoh was declared in contempt and convicted accordingly. The court directed him to appear on December 19, 2025, for mitigation and sentencing. The judge further ruled that the issue of punitive or exemplary damages sought by the applicant would be addressed during the sentencing phase.
The Ministry was also ordered to bear the costs of the contempt application.
The ruling sends a strong message to government departments that financial constraints cannot be used as an excuse for prolonged disobedience of court orders.
For the applicant, it marks a critical breakthrough in a case that has dragged on for nearly a decade.
