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Post Reply: High Court Orders Mombasa County to Pay Over Sh30 Million in Decade-Old Legal Fees

<blockquote><div class="quotetitle">Quote from <a class="profile-link highlight-moderator" href="https://lawguide.co.ke/understanding-law/legal-forum/profile/lawyer/">Lawyer</a> on January 7, 2026, 6:22 am</div><div id="pl-8702"  class="panel-layout" ><div id="pg-8702-0"  class="panel-grid panel-no-style" ><div id="pgc-8702-0-0"  class="panel-grid-cell"  data-weight="1" ><div id="panel-8702-0-0-0" class="so-panel widget widget_sow-editor panel-first-child panel-last-child" data-index="0" data-style="{&quot;background_image_attachment&quot;:false,&quot;background_display&quot;:&quot;tile&quot;,&quot;background_image_size&quot;:&quot;full&quot;,&quot;background_image_opacity&quot;:&quot;100&quot;,&quot;border_thickness&quot;:&quot;1px&quot;}" ><div
			
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	<p dir="auto">The High Court in Mombasa has issued a mandatory order compelling the Mombasa County Government to settle outstanding legal fees amounting to Sh30,087,236.89 owed to law firm Chokaa Advocates LLP for services rendered over a nine-year period.</p>
<p dir="auto">Justice Jairus Ngaah delivered the ruling on January 6, 2026, granting an order of mandamus that holds the county government, the County Executive Committee Member for Finance, and the County Chief Officer jointly and severally liable for the payment. The amount includes the principal sum plus interest calculated at 14 percent per annum from January 10, 2016, until full settlement.</p>
<p dir="auto">The debt originated from legal representation provided by Chokaa Advocates LLP in 72 cases handled between 2009 and 2018. The firm was initially engaged by the defunct Mombasa Municipal Council, with the obligation transitioning to Mombasa County Government following devolution.</p>
<p dir="auto">After completing the services, the firm submitted fee notes for payment, but the county failed to honor them. Chokaa Advocates subsequently filed advocate-client bills of costs, which underwent taxation by the court between 2016 and 2025. The taxed amount totaled Sh25,464,858.07, excluding interest.</p>
<p dir="auto">Following taxation, judgments were entered in favor of the firm, decrees issued, and certificates of order against the government served on the relevant county officials through the County Attorney's office. Despite these steps and repeated demands, no payments were made.</p>
<p dir="auto">The law firm pursued judicial enforcement by filing Miscellaneous Application No. E005 of 2025, with the substantive motion dated April 29, 2025. The court found that all procedural requirements had been met by the applicant.</p>
<p dir="auto">The county opposed the application, arguing through its lawyer that the firm had not obtained necessary leave before filing the motion. However, the court rejected this objection, confirming that leave had been properly granted earlier in the proceedings. No substantive evidence was presented by the county to challenge the claim or bar the issuance of the mandamus order.</p>
<p dir="auto">Justice Ngaah emphasized that public bodies have a statutory duty to perform obligations, particularly in settling court-certified debts. The failure by the finance officials to initiate payment was deemed a breach of responsibilities under Section 21 of the Government Proceedings Act.</p>
<p dir="auto">This decision reinforces the accountability of devolved units in honoring financial obligations arising from legal services, especially those validated through court processes. It addresses a longstanding issue where certified decrees remained unpaid despite compliance with all legal formalities by the creditor.</p>
<p dir="auto">The ruling highlights ongoing challenges faced by service providers in recovering dues from public entities, even after obtaining favorable court orders over extended periods.</p>
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