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ELRCOtherPetition (undisclosed in judgment)· [2016] KEELRC 1478 (KLR)

Fredrick Njeru Kamunde v Government Tharaka Nithi County & 2 others [2016] KEELRC 1478 (KLR)

Employment and Labour Relations Court
30 March 2016
BOByram Ongaya
754 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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What this practically means

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Executive summary

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This ruling of the Employment and Labour Relations Court at Nyeri (Byram Ongaya, Judge) determines a notice to show cause arising from a ruling of 11.03.2016 in which the 2nd respondent, Samuel M. Ragwa, was directed to attend court to show cause why warrants for his arrest and committal in civil jail should not issue for disobeying court orders in a petition brought by the petitioner, who had been reinstated as County Secretary. On 18.03.2016 counsel for the 2nd respondent, Mr. Murango Mwenda, tendered an apology on his behalf and demonstrated compliance: outstanding salaries and allowances had been paid, the petitioner had been returned to office and was at work, steps were under way to avail an official motor vehicle, and private security personnel deployed at the petitioner's home would be paid. The court issued interim directions on transport, payslips and payment of security personnel, with costs in the cause. On 30.03.2016 the court found substantial and full compliance and that the respondent had tendered an apology at the earliest opportunity. It declined to impose a jail term or fine, instead severely reprimanding the respondent and directing him to file and serve an affidavit of apology by 1.04.2016. The petitioner's affidavit of 30.03.2016, filed without leave, was admitted as it caused no prejudice. Costs of the notice to show cause were awarded against the 2nd respondent, and the petition was to be fixed for mention and hearing.

Key legal issues

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01

Whether to impose a jail term or fine for contempt

Holding

No jail term or fine; a severe reprimand and an affidavit of apology were imposed because the contempt had been purged

Reasoning

The court found that the withheld salaries and allowances had been paid, the petitioner had been returned to his office as County Secretary and was at work, steps were being taken to avail an official motor vehicle and to pay private security personnel. The respondent tendered an apology through counsel and moved to comply promptly. Administrative issues raised by the petitioner did not go to the root of the demonstrated compliance. Given full and substantial compliance and remorse, the drastic sanctions of committal or fine were not warranted; a severe reprimand and affidavit of apology sufficed.

p. 2
02

Whether the petitioner's affidavit of 30.03.2016, filed without leave, should be struck out

Holding

The affidavit was allowed on record as it caused no prejudice and merely evidenced the status of compliance

Reasoning

The 2nd respondent objected that the affidavit was filed without leave. The court found its purpose was to show the status of compliance as the petitioner contended, and that it did not occasion prejudice to the respondent. The court therefore exercised its discretion to admit it for that purpose rather than strike it out.

p. 2

Legal principles established

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  • A contemnor who tenders an apology at the earliest opportunity and substantially complies with court orders may be spared committal or a fine and instead be severely reprimanded

Court orders

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  1. 1.The 2nd respondent Samuel M. Ragwa is severely reprimanded by the court for disobedience of court orders as found in the ruling delivered on 11.03.2016
  2. 2.The 2nd respondent Samuel M. Ragwa to file and serve affidavit of his apology by 1.04.2016
  3. 3.Costs on the notice to show cause to be paid by the 2nd respondent
  4. 4.Parties to fix the petition for mention on a convenient date with a view of fixing an appropriate hearing date
  5. 5.The petitioner's affidavit of 30.03.2016 filed without leave is allowed on record
Jurisdiction invoked
Contempt/committal jurisdiction of the Employment and Labour Relations Court arising from disobedience of court orders in a petition before it

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Fredrick Njeru Kamunde v Government Tharaka Nithi County & 2 others [2016] KEELRC 1478 (KLR)", Case Analysis (2016). Petition (undisclosed in judgment). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2016/1478/eng@2016-03-30

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