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ELRCDismissed· [2014] KEELRC 336 (KLR)
Mathew Mulyungi v Mwingi Mwalimu Sacco Cooperative Society Limited [2014] KEELRC 336 (KLR)
Industrial Court (Employment and Labour Relations Court)
25 July 2014
196 words in judgment
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·~1 min to read original · ~4 min briefThe bottom line
#What this practically means
#Executive summary
#This brief ruling of the Industrial Court at Nairobi, delivered by Mathews N. Nduma, Principal Judge, on 25th July 2014, dealt with an application to hold the Respondent in contempt of orders issued by the Court on 24th September 2013, which appeared to have directed payment of half salary to the Applicant during a period of suspension. The Court observed on reading the papers that the orders of 24th September 2013 were meant to be interim in nature pending the hearing and determination of the application filed on that date, and that the prayers had been couched in a manner calculated to pre-empt the interpartes hearing. Noting this error on the face of the record, the Court set aside the said orders pending the hearing of the application dated 24th September 2013. On the merits of the contempt complaint, the Court noted the Respondent's submissions, supported by annexture CKM 3, that the Applicant had been paid the half salary for the suspension period, credited to the Applicant's salary account, including arrears of Kshs.133,239 up to November 2013, Kshs.11,879 for December and Kshs.4,353 for half of January 2014. With the payments made and the underlying orders set aside, the Court found no basis for contempt, dismissed the application, and ordered costs in the cause.
Key legal issues
#01
Whether the Respondent was in contempt of the order of 24th September 2013
Holding
The contempt application was dismissed because the orders were interim, were set aside on the court's own motion for error on the face of the record, and the Applicant had been paid the salary and arrears due during suspension
Reasoning
The court found the orders of 24th September 2013 were intended as interim measures pending the interpartes hearing, and their wording pre-empted that hearing. Noting this error, the court set the orders aside. Additionally, counsel for the Respondent demonstrated payment of half salary for the suspension period and arrears up to January 2014, removing any basis for contempt.
p. 2
Legal principles established
#- Interim orders granted pending hearing and determination of an application cannot found a finding of contempt where they were meant to be interim and have been set aside
Court orders
#- 1.The orders granted by the Court on 24th September 2013 set aside pending the hearing of the Application dated 24th September 2013
- 2.The application to hold the Respondent in contempt of the Court order dismissed
- 3.Costs in the cause
- Jurisdiction invoked
- Not stated in the judgment
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Mathew Mulyungi v Mwingi Mwalimu Sacco Cooperative Society Limited [2014] KEELRC 336 (KLR)", Case Analysis (2014). . Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2014/336/eng@2014-07-25
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.