Antony Siyuyu Kisiang'ani & another v Nzoia Out-growers Company Limited & 4 others [2014] KEELRC 1468 (KLR)
The bottom line
#Kenya's Employment Court found three directors and their own lawyer guilty of contempt for holding a board meeting after a court order banned it.
What this practically means
#Executive summary
#Key legal issues
#Whether leave of court is required before contempt proceedings
Leave is not required; the application is competent
The court applied section 5 of the Judicature Act importing English contempt law, and relied on the Court of Appeal's decision in Christine Wangari Gachege which found under the English Civil Procedure (Amendment No. 2) Rules 2012 that no leave is required for committal applications for breach of a court order. It accordingly rejected the respondents' argument that the proceedings were a non-starter.
Whether the alleged contemnors had knowledge of the order
They had knowledge through service on their advocate and his attendance in court
The process server served the order on Sichangi & Co. Advocates on 16.10.2014. Counsel appeared in court on 27.10.2014 when the status quo order was made in his presence. As an officer of the court he knew of the orders, so the contemnors could not plead ignorance. The minutes of 6.11.2014 show the meeting went ahead with counsel present.
Whether an act in contempt was committed
Yes - convening and holding the Special Full Board Meeting of 6.11.2014 breached the injunction and status quo orders
The minutes of 6.11.2014 signed by Christopher Sifuna and Fredrick Ndala proved the meeting took place after service of the order. This was in total disregard of the court order, was contemptuous, and all acts done against the order were declared null and void.
Legal principles established
#- Leave of court is no longer required before instituting committal for contempt proceedings
- Court orders must be obeyed however unpalatable they may seem
- A court order is a directive that must be complied with
Court orders
#- 1.Fredrick Ndala, Albert Macho and Philemonah Bitonyake cited as guilty of contempt of court
- 2.Counsel Mr. Sichangi declared equally guilty of contempt as an officer of the court
- Jurisdiction invoked
- Section 5 of the Judicature Act; Rule 31(2) of the Industrial Court (Procedure) Rules 2010
Key timeline
#Practical implications
#Frequently asked questions
#Later judgments citing this (2)
#Judgments in the corpus that rely on this one. Where the Court said how it treated the authority, that is shown.
- Sai Sports Wear Uniforms Ltd v National Environment M. Authority & 5 others; Mugo & another (Contemnor) (Environment and Land Case E033 of 2023) [2026] KEELC 316 (KLR)[2026] KEELC 316 (KLR)29 Jan 2026applied
- Lena Chemoiwo v Bomas of Kenya; General Manager Bomas of Kenya Peter Gitaa & 2 others (Contemnor) [2021] KEELRC 1150 (KLR)[2021] KEELRC 1150 (KLR)27 Jul 2021
Cite this brief
#Cite this brief
Caselaw, "Antony Siyuyu Kisiang'ani & another v Nzoia Out-growers Company Limited & 4 others [2014] KEELRC 1468 (KLR)", Case Analysis (2014). Application dated 5.11.2014 (contempt application in Industrial Court suit). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2014/1468/eng@2014-12-03
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.