Two senior Kisumu County Government finance officials are facing arrest after the Employment and Labour Relations Court issued warrants against them for failing to comply with a court order directing the payment of KSh11 million in outstanding salary arrears owed to former employees of the defunct Municipal Council of Kisumu.
The warrants were issued on Thursday by Justice Makau Nzioka during the hearing of Judicial Review Miscellaneous Application No. E024 of 2024, Jeremiah Achola Odindo v County Government of Kisumu.
The court ordered the arrest of Kisumu County Executive Committee (CEC) Member for Finance George Okongo and Chief Finance Officer (CFO) Martin Okode after the county failed to settle the outstanding balance by the July 30, 2026 deadline set by the court.
Advocate Ken Amondi represented the applicants. The case arises from a long running dispute involving former employees of the Municipal Council of Kisumu, who have spent years pursuing salary arrears following the transition from the former local authorities to county governments under the Constitution of Kenya, 2010.
Court documents indicate that the retirees’ principal claim amounts to KSh18,543,112, covering salary arrears following the termination of their employment on June 12, 2007.
The applicants are also seeking interest at court rates of 14 per cent from August 2007 until full settlement of the debt.
The retirees contend that despite the County Assembly of Kisumu approving KSh16 million in the 2022/2023 financial year’s Appropriations Act specifically to settle their claims, the funds were never paid to the beneficiaries.
In a letter dated September 18, 2023, the County Assembly confirmed that it had allocated and approved KSh16 million for payment of the former Municipal Council employees.
However, the applicants argue that the County Executive Committee Member for Finance and the Chief Finance Officer failed to release the funds despite the approved budgetary allocation.
The applicants further accuse the two finance officials of breaching their statutory obligations under the Public Finance Management Act, 2012, the County Governments Act, 2012, and various provisions of the Constitution, including Articles 10, 43, 232 and 236, by failing to implement the approved payment.
According to court filings, the retirees, through Amondi and Company Advocates, served a demand letter on the County Secretary on May 20, 2024, seeking implementation of the County Assembly’s resolution and payment of the outstanding dues.
They maintain that no response was received despite the formal demand.
The court had earlier directed Kisumu County Government to clear the outstanding balance of KSh11 million by July 30, 2026.
The county’s failure to comply prompted Justice Nzioka to invoke the court’s enforcement powers by issuing warrants of arrest against the two senior finance officials.
The latest ruling marks a significant development in a legal battle that has lasted nearly two decades and highlights the judiciary’s increasing readiness to enforce compliance with court orders against public officials.
It also underscores the continued struggle by retired public servants to secure benefits that have remained unpaid for years despite budgetary allocations, court directives and repeated demands for settlement.
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