Kenya Plantation & Agricultural Workers Union v Agricultural Employers Association & another [2016] KEELRC 1224 (KLR)
The bottom line
#A Kenyan court refused to punish a flower growers' body for contempt because the interim court orders the union relied on had already lapsed.
What this practically means
#Executive summary
#Key legal issues
#Whether contempt proceedings may issue for breach of lapsed interim orders
They may not. The interim orders of 15th October 2015 were granted pending inter-parties hearing; on 3rd November 2015 both parties were heard, a ruling delivered and the matter referred to conciliation, so the interim orders lapsed and cannot ground contempt.
The Court traced the sequence: orders granted under certificate of urgency, inter-partes hearing on 3rd November 2015, ruling referring the dispute to a Conciliator with a 45-day report, and no extension of the interim orders. Orders that no longer exist are not enforceable by contempt.
Court's inherent jurisdiction over its own orders
The Court may act on its own motion or on application to compel observance of its process, but only where clear and subsisting orders exist.
Relying on Dondo and Nicholas Mahihu, the Court reaffirmed that orders are not to issue in vain and are subject to enforcement, but enforcement presupposes orders in motion, existing and alive, directed at the party alleged to be in breach.
Whether the dispute should be transferred to Nakuru
No. The matter has been in the Nairobi court with the Respondents appearing since without seeking transfer, and a conciliator's report is due; the Respondents should not derail the process.
The Court held the transfer request misplaced given the respondents' continued appearance in Nairobi and the pendency of the conciliation referral and the main cause.
Legal principles established
#- The Court has inherent jurisdiction, exercisable on its own motion or on application, to enforce compliance with its orders and prevent abuse of its process.
- Contempt can only attach to clear, unequivocal and subsisting orders; ex-parte interim orders not extended lapse and cannot support committal.
Court orders
#- 1.The application by the Claimant for leave to commence contempt proceedings is declined
- 2.Orders in force as at 3rd November 2015 are reinstated in the interim pending the parties taking a hearing date
- 3.Parties to be allocated a hearing date for the main cause on priority basis
- 4.Each party to bear their own costs
- Jurisdiction invoked
- Inherent jurisdiction of the Court to prevent abuse of its orders; section 15 of the Employment and Labour Relations Court Act
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kenya Plantation & Agricultural Workers Union v Agricultural Employers Association & another [2016] KEELRC 1224 (KLR)", Case Analysis (2016). Application dated 1st February 2016 in ELRC Cause (Nairobi). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2016/1224/eng@2016-03-10
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.