Kenya County Government Workers Union v Governor, County Government of Kiambu & 5 others [2016] KEELRC 1648 (KLR)
The bottom line
#Kenya's Employment Court confirmed it can punish contempt of its own orders, but the union first had to properly substitute the right county parties.
What this practically means
#Executive summary
#Key legal issues
#Jurisdiction of the Employment and Labour Relations Court to punish for contempt
The objection to jurisdiction was rejected; the Court held it has accrued or consequential jurisdiction to punish for contempt of its own orders.
The Court rejected the narrow view that it only deals with employer-employee disputes, noting that disputes under its mandate overlap with those of the High Court, a court of equal status. It reasoned that stripping a court of equal status of the power to enforce its own orders through contempt would subordinate it to the High Court and be unconstitutional.
Joinder and substitution of parties in contempt proceedings
The objection was upheld; no formal application or minute authorising the inclusion of additional parties was on the record, and the claimant was directed to amend.
The Court perused the record and found no formal application or minute authorising addition of parties. It accepted that transition under the 2010 Constitution may cause confusion regarding the successor of the Municipal Council of Thika, but held that the proper course is a formal application for joinder or substitution with prior notice to the affected party, which cannot be assumed.
Whether the national government/Attorney General are proper parties to a labour dispute against a county government
The objection was upheld; there was no connection between the 4th and 6th respondents and the claimants.
Relying on Article 6(2) of the Constitution, the Court held that national and county governments are distinct and inter-dependent, and that the County Government of Kiambu may sue or be sued independently. Service of the Madzayo J award on the then Ministry of Local Government was merely informational and did not make the Ministry or its Permanent Secretary a party.
Whether succession of county governments to former local authorities binds the proper respondents
Section 33 of the Sixth Schedule and section 59 of the Urban Areas and Cities Act indicate the 1st, 2nd, 3rd and 5th respondents are the proper parties under the new dispensation.
The Court accepted counsel's submission that proceedings against former local authorities are sustainable against county governments after the repeal of the Local Government Act. However, this did not cure the failure to formally join or substitute parties, which required a formal application.
Legal principles established
#- Courts of equal status to the High Court, including the Employment and Labour Relations Court, retain the power to punish for contempt of their own orders; depriving them of it would be unconstitutional.
- Jurisdiction over disputes that overlap with another court of equal status is accrued or consequential jurisdiction.
- Joinder or substitution of parties requires a formal application to the Court and prior notice to the party to be joined.
- County governments are distinct legal entities capable of suing and being sued independently of the national government.
Court orders
#- 1.Rejection of the objection that the Court lacks jurisdiction to punish for contempt of its own orders
- 2.Upholding of the respondents' objection on joinder and substitution of parties
- 3.Direction that within 60 days of the order the claimant amends the application to exclude the 4th and 6th respondents
- 4.Direction that the claimant join or substitute the successor in title to the Municipal Council of Thika originally sued in Cause No. 115 of 2006
- 5.Reservation of comments on whether, upon substitution, the applicant would proceed with the contempt proceedings on the facts as filed
- Jurisdiction invoked
- Jurisdiction of the Industrial Court under section 5 of the Judicature Act Cap 8 and Rule 31(2) of the Industrial Court (Procedure) Rules, 2010 contested; Court upheld its own accrued/consequential jurisdiction to punish for contempt
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kenya County Government Workers Union v Governor, County Government of Kiambu & 5 others [2016] KEELRC 1648 (KLR)", Case Analysis (2016). Industrial Cause arising out of Cause No. 115 of 2006 (preliminary objections). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2016/1648/eng@2016-02-26
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.