The Environment and Land Court in Mombasa has ordered the County Executive Committee Member for Finance to pay more than KSh2.7 million to a law firm over unpaid legal fees, concluding a dispute that began in 2021.
Court records show Miller & Company Advocates was hired in November 2021 to represent the County Government of Mombasa in a land petition. The firm later withdrew, citing lack of instructions, before submitting its legal fees.
The bill remained unpaid, prompting the firm to file a bill of costs. On 22 January 2025, the court taxed the amount at KSh2,721,861.36 and issued a certificate of costs, which was adopted as a judgment.
Despite a certificate of order against the government being issued and served in September 2025, the county failed to settle the debt. The county opposed enforcement, arguing that only the finance CECM could approve payments and that the amount had not been budgeted for.
Court ruling and enforcement
In its ruling, the court directed payment of the full amount with interest at 14% per annum from 22 January 2025 until settlement.
The county cited the Public Finance Management Act, arguing payment required inclusion in a future budget approved by the County Assembly. However, the court dismissed the objections, stating that service through the Office of the County Attorney was valid and the debt was undisputed.
The judge noted no appeal had been filed and the county had made no effort to settle the amount.
A mandamus order was issued compelling the finance CECM to pay, emphasizing that government entities are not subject to normal execution and that the finance office has a duty to settle such obligations.
Other officials named in the case were cleared of liability.
The court suspended enforcement until 1 July to allow budgetary provisions and directed each party to bear its own legal costs.
