Superior Court, Zero Pay: The Sh124 Million Debt That Has Put the AG and Treasury on the Spot
As of Wednesday, February 25, 2026, a new legal storm has brewed at the heart of the Kenyan government. In a bold and rare move, six senior judges—including four from the Court of Appeal and two from the Environment and Land Court—have moved to sue the Attorney General, the Solicitor General, and the Treasury Principal Secretary.
The lawsuit is a desperate attempt to compel the state to release Sh124 million (Sh20 million each plus costs) awarded to them in October 2024. The message from the bench is clear: If the government can ignore its own judges, the very concept of the “Rule of Law” in Kenya is in jeopardy.
The “Unreasonable Inaction”
In a hard-hitting affidavit filed by Justice Aggrey Muchelule, the judges describe the government’s failure to pay as “unlawful and unreasonable administrative inaction.”
The judges—Muchelule, Weldon Korir, Joel Ngugi, George Odunga, Evans Makori, and Judith Omange—argue that they have followed every legal channel. They served a formal notice of intention to sue on December 15, 2025, yet the Treasury has remained silent.
“The judgment and decree remain wholly unsatisfied,” Justice Muchelule stated, highlighting that the government has neither appealed the award nor sought a stay of execution.
Why This Debt Matters
This isn’t just about money; it’s about the cost of political vendettas. These six judges were famously rejected by retired President Uhuru Kenyatta in 2019, despite being recommended by the JSC. They spent three years in a “professional wilderness,” their reputations tarnished by vague intelligence reports that were never made public.
The Sh124 million award was intended to vindicate their dignity and self-worth. By withholding the funds, the current administration—specifically Treasury PS Chris Kiptoo and AG Shadrack Mose—is being accused of inheriting and perpetuating the constitutional violations of the previous regime.
The Taxpayer’s Burden
The irony of the situation is that while the government stalls, the interest on the Sh124 million is accumulating daily.
In a separate ruling just last week, 22 other judges were awarded Sh55 million for similar delays.
The total bill for these executive blunders now exceeds Sh180 million.
Every day the Treasury refuses to pay, the cost to the Kenyan taxpayer grows.
The Legal Precipice
This case sets a dangerous precedent. If the Attorney General, who is the principal legal adviser to the Government, fails to ensure compliance with a court decree, it weakens the authority of every court in the land.
