Kenya National Private Security Workers’ Union v P.G. Security Limited [2016] KEELRC 567 (KLR)
The bottom line
#A Kenyan employment court refused to jail a company manager for disobeying an order because the applicant couldn't prove the order was actually served on him.
What this practically means
#Executive summary
#Key legal issues
#Ingredients of contempt of court
All four ingredients must be in place; only the existence of a lawful order was established; knowledge, ability and wilful failure to comply were not proved
The court set out the four elements of contempt as a matter of settled principle, deriving from the inherent jurisdiction of courts to enforce their own orders. It found the lawful order existed but that proof of service was lacking, which alone was fatal, and further that there was no proof the person served had the ability to obey and declined to obey. The motion therefore failed.
Standard of proof in contempt proceedings
Slightly above balance of probabilities but below the criminal standard of proof beyond reasonable doubt
Because contempt has penal consequences, the court applied an intermediate standard of proof. Leave-excepted contempt proceedings are limited to contempt in facie curiae; otherwise leave is required. The applicant bore the burden of proving the ingredients to this standard and failed to do so.
Legal principles established
#- To prove contempt, four elements must be established: existence of a lawful order, knowledge of the order, ability to comply, and failure to comply
- The standard of proof in contempt is above balance of probabilities but below beyond reasonable doubt
Court orders
#- 1.The notice of motion dated 31st May 2016 seeking leave to commence contempt proceedings is dismissed
- 2.Costs of the application to the Respondent
- Jurisdiction invoked
- Section 12 of the Industrial Court Act 2011; Section 5(1) of the Judicature Act cap 8 Laws of Kenya; Section 3A of the Civil Procedure Act; Order 22 Rule 28 of the Civil Procedure Rules 2010
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kenya National Private Security Workers’ Union v P.G. Security Limited [2016] KEELRC 567 (KLR)", Case Analysis (2016). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2016/567/eng@2016-08-16
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.