Kenya Union of Domestic, Hotels, Educational Institutions, Hospitals & Allied Workers & George Chesire & 84 Others v Nairobi Club (Cause 77(N) of 2009) (Employment and Labour) [2016] KEELRC 58 (KLR)
The bottom line
#32 former employees lost their bid to jail a Nairobi Club executive for contempt because they themselves refused to return to work when reinstated.
What this practically means
#Executive summary
#Key legal issues
#Whether the respondent was in contempt of the reinstatement orders of 24th September 2009
No contempt was established because the claimants themselves failed to report to work after the reinstatement notice of 19th April 2012, frustrating the orders in their favour.
The court traced the stay of execution orders granted from September 2009 until the appeal's dismissal in March 2013. It found no challenge to the print-media notice reinstating the employees, and that the claimants never reported to work. Their failure to comply with reinstatement terms defeated the contempt claim.
Whether mandatory injunctive orders should issue directing compliance and reinstatement
No; the reinstatement orders were unambiguous and already ruled upon, so re-affirming them would re-open a concluded matter.
The court held there was no ambiguity in the 2009 orders justifying further orders, that the claimants had failed to take up work since April 2012, and that litigation must end. The application was an abuse of process and could not be affirmed.
Whether committal to civil jail was an appropriate remedy
Committal to civil jail is a last resort to be applied only when alternatives have been exhausted.
The court emphasised that contempt orders carry severe consequences amounting to denial of civil liberties, and courts should endeavour to apply alternatives before committing a contemnor to jail, particularly in civil proceedings.
Legal principles established
#- Committal to civil jail for contempt is a last resort; other alternatives must be applied first
- The essence of contempt proceedings is to safeguard the supremacy of the law and the rule of law
- A party who frustrates orders in their own favour cannot found a contempt application on the other party's non-compliance
- Litigation must come to an end; re-opening a concluded matter is an abuse of process
Court orders
#- 1.The application dated 16th December 2015 is dismissed with costs
- Jurisdiction invoked
- Employment and Labour Relations Court, enforcing its judgment of 24th September 2009 as read with the ruling of 10th May 2013; contempt and enforcement jurisdiction
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kenya Union of Domestic, Hotels, Educational Institutions, Hospitals & Allied Workers & George Chesire & 84 Others v Nairobi Club (Cause 77(N) of 2009) (Employment and Labour) [2016] KEELRC 58 (KLR)", Case Analysis (2016). Notice of Motion filed 16th December 2015 (Cause arising from judgment of 24th September 2009). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2016/58/eng@2016-09-08
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.