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ELRCAllowedMotion dated 31 July 2014 in Petition dated 25 July 2014· [2014] KEELRC 1215 (KLR)

Walid Khalid v County Assembly of Mombasa & 2 others [2014] KEELRC 1215 (KLR)

Industrial Court of Kenya

1 August 2014

RSRadido Stephen

654 words in judgment

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The bottom line

Kenya's Industrial Court suspended a county official's impeachment, confirming that knowing about a court order is enough to make ignoring it contempt.

What this practically means

Executive summary

On 28 July 2014 the Industrial Court in Mombasa granted orders restraining the 1st and 2nd Respondents from presenting recommendations for the Petitioner's impeachment as County Executive Committee member for Finance and Planning to the 3rd Respondent, pending inter partes hearing of a motion dated 25 July 2014. The orders were served on the Respondents on the same day, with service acknowledged. Nevertheless, on 30 July 2014 the 3rd Respondent purported to remove the Petitioner from office by letter with immediate effect. The Petitioner filed a motion on 31 July 2014 seeking, inter alia, conservatory orders. The court certified the motion urgent, held it was properly seized of jurisdiction during the vacation, and found on the affidavit of service that the Respondents had knowledge of the orders of 28 July 2014. It held the removal action flew in the face of those orders and constituted clear disobedience of peremptory orders, observing that all state organs and officers are duty bound to comply with court orders, and that emerging jurisprudence requires only knowledge of an order, not personal service, to establish disobedience. Satisfied that a case for conservatory orders pending inter partes hearing had been made out, the court stayed and suspended the decision removing the Petitioner, directed service of the motion for inter partes hearing on 6 August 2014 alongside the application dated 25 July 2014, ordered service of the ruling pending extraction of a formal order, and ordered that costs abide the main Petition. Judgment delivered by Radido Stephen J on 1 August 2014.

Key legal issues

Disobedience of court orders by state officers

Holding

Service of the 28 July 2014 orders was proved, and the 3rd Respondent's removal of the Petitioner thereafter amounted to disobedience of peremptory court orders, justifying conservatory orders.

Reasoning

The court found the affidavit of service proved the Respondents' knowledge of the injunction of 28 July 2014. Despite that knowledge, the 3rd Respondent removed the Petitioner on 30 July 2014. The court held this flew in the face of the orders, emphasised that public officers are duty bound to comply with court orders, and adopted the emerging jurisprudence that knowledge, rather than personal service, suffices.

p. 2

Legal principles established

Knowledge of a court order is sufficient for contempt; personal service is no longer required.
All state organs and officers are duty bound to comply with court orders.

Court orders

1.A conservatory order staying and/or suspending the decision of the 3rd Respondent communicated through letter dated 30 July 2014 purporting to remove the Petitioner from office
2.The motion to be served for inter partes hearing on 6 August 2014 when the application dated 25 July 2014 comes up for hearing
3.Pending extraction of a formal order, the ruling to be served upon the Respondents
4.Costs to abide the main Petition

Jurisdiction invoked: Jurisdiction to hear and determine applications during the vacation of the Superior Courts

Key timeline

Practical implications

Frequently asked questions

Cite this brief

Caselaw, "Walid Khalid v County Assembly of Mombasa & 2 others [2014] KEELRC 1215 (KLR)", Case Analysis (2014). Motion dated 31 July 2014 in Petition dated 25 July 2014. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2014/1215/eng@2014-08-01

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.