When a court has ordered the government to pay you money, you cannot recover it in the same way you would from a civilian. The judgment against the government cannot be enforced using standard court enforcement procedures. A successful litigant cannot attach the government’s property or garnish funds held in government accounts. The law provides a different process for enforcing court judgments against the government. The procedure applies where the national government, a county government, or other government entities, such as constitutional commissions are ordered to pay money arising out of a judgment.
Upon delivery of a judgment against the government, a successful litigant can recover the money owed as follows:
- Obtain a certificate of order against the government from the subordinate court or the deputy registrar, including a certificate of costs, if you were awarded costs.
- Issue a copy of the certificate of order against the government to the Attorney General for the accounting officer of the relevant government department to pay the money owed.
Courts have established that the accounting officer’s duty to pay does not depend on budget allocation or on parliament’s approval of government expenditure in the financial year after the money owed accrues. The court in Republic versus Permanent Secretary, Ministry of State for Provincial Administration and Internal Security held that “it is the responsibility of the Government to make contingency provisions for its liabilities in tort in each financial year so that successful litigants who obtain decrees against the Government are not left without remedy at any time of the year.”
If the accounting officer does not settle the money owed, you may file judicial review proceedings seeking an order of mandamus to compel the accounting officer to satisfy the certificate of order against the government.
Lastly, if the accounting officer fails to comply with the certificate of order against the government and the order of mandamus, you may institute contempt of court proceedings against the accounting officer.
This enforcement procedure ensures successful litigants are paid while protecting government operations from disruptions that would arise if government assets were to be seized in proceedings for recovery of money owed by the government.
Should you require any further information, do contact us at info@cfllegal.com.
