High Court orders Mombasa County to pay lawyer Sh30 million dues

The High Court has ordered Mombasa County to pay more than Sh30 million owed to an advocate who rendered legal services for the devolved unit for nine years.

Justice Jairus Ngaah issued an order of mandamus compelling the county to pay Sh30,087,236.89 to Vincent Chokaa after failing to pay the firm for the 72 cases rendered between 2009 and  2018.

The judge said that an order of mandamus was properly issued after the County Executive Committee Member for Finance and County Chief Officer failed to pay Chokaa as prescribed under section 21(3) of the Government Proceedings Act.

"Accordingly, I hereby allow the applicant’s motion dated April 29, 2025 to the extent that an order of mandamus is hereby issued compelling the respondents (County Government) jointly and severally to pay the applicant the sum of Sh30,087,236.89 in terms stated in the Certificates of Order against the Government," said Justice Ngaah.

The judge said that the advocate demonstrated that he extracted several certificates of order against the county government in various matters and that the certificates were duly served upon through the office of the County Attorney.

Justice Ngaah further noted that there was no evidence that Chokaa Advocates defaulted in any step prescribed under section 21 of the Government Proceedings Act as to disentitle it the order of mandamus.

The advocate told the court that in 2009 to 2018, the Mombasa Municipal Council and later the Mombasa County Government engaged his firm for legal services.

However, upon presentation of fee notes for payment for the services rendered, the county government refused to pay the fees due.

He said the firm proceeded to file advocate-client bills of costs, which were taxed between 2016 and 2025 to a tune of Sh25,464,858.07.

Chokaa told court that he was granted leave in the chamber summons to apply for an order of mandamus to issue against the County Executive Committee Member for Finance and the County Chief Officer compelling them to forthwith and without delay to pay the firm Sh25,464,858.07 together with accrued interest at 14 per cent per annum from January 10, 2016 until payment in full.

He said that his firm obtained judgments and extracted decrees against the county government for the sums due in the respective matters and also extracted and served the certificates of order against the county for the said sums.

"Despite the service of the certificates of order against the Government, the county government has refused to make the payment," said Chokaa.

In response to the motion, the County Government filed a preliminary objection dated June 13, 2025 contending that the motion is incompetent and fatally defective because it was filed without leave of the court.

Mombasa County lawyer Mangaro in his sworn affidavit insisted that the applicant did not obtain leave before filing the substantive motion.

Mangaro argued that Chokaa sought and obtained leave in a Miscellaneous Application No. E006 of 2025, which is a seperate case from the one before court.

However, the judge noted that from the records, Chokaa obtained leave to file a substantive motion in Miscellaneous Application No. E005 of 2025 and not in application No. E006 of 2025 as sworn by Mangaro.

Justice Ngaah said that the application for leave does not exist beyond the grant of leave, and its life comes to an end and is spent once leave has either been granted or rejected.