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High Court orders Kisumu County to pay Spacebuster over Sh7.9 billion judgment

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The High Court has ordered the Kisumu County government and the Kisumu City Board to pay Spacebuster Ltd a judgment debt arising from the demolition of the company’s property, giving the county 180 days to settle the amount.

Justice Joe Omido, sitting at the Kisumu High Court, issued an order of mandamus compelling the county’s responsible accounting officers to satisfy a judgment and decree issued in an earlier case, Kisumu HCCC No. E006 of 2022.

The court said the amount due should be paid together with applicable costs and interest, as certified under Kenya’s Government Proceedings Act.

Spacebuster had sought an order requiring the county to pay Sh7.35 billion, plus interest. It said the amount had risen to about Sh7.94 billion as of September 23, 2025.

The underlying dispute arose from alleged unlawful actions, including the demolition of Spacebuster’s property.

The company had sought damages for loss of income and other losses it said resulted from the actions.

In its ruling delivered on October 1, 2026, the court said the application for judicial review was merited and ordered the respondents to pay the decretal sum, costs and lawfully accruing interest within 180 days.

The judge said the extended payment period was granted because of the “exceptional magnitude” of the judgment debt and would allow the county to make the necessary financial and administrative arrangements.

The court also said the 180-day period did not alter or suspend the original judgment.

Two appeals Civil Appeal Nos. E176 of 2025 and E182 of 2025 are pending.

The court said their existence would not relieve the county of its payment obligation unless a court order specifically stayed or suspended payment.

If the county fails to comply within the 180-day period, Spacebuster may return to court to seek further orders, the judgment said.

The court awarded Spacebuster the costs of the judicial review application and closed the case.

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