County Government of Laikipia v Kenya Medical Pharmacists & Dentists Practitioners Union & another [2019] KEELRC 380 (KLR)

The applicant submitted, without contradiction on this point, that the Contempt of Court Act was declared unconstitutional in its entirety in Kenya Human Rights Commission v Attorney General & Another [2018] eKLR, and that in the absence of a new statute the law reverts to the position before the Act, namely Section 5(1) of the Judicature Act and Section 63 of the Civil Procedure Act, applying the reasoning in Africa Management Communication International Limited v Joseph Mathenge Mugo & Another.

The court found the respondents were aware of the order of 4th June 2019 and instead of complying hid behind the requirement that the union's National Advisory Council sanction obedience. The court held such pretence could not stand, adopted the test in the KNUT case relied on by the applicant, and found wilful disobedience proved, following the principle that court orders are not made in vain and must be complied with.

The respondents argued that the power to call off the strike lay with the National Advisory Council and that neither official had the ability to comply. The court held that pretending the decision to obey had to be sanctioned by a union organ could not wash, treating the officials' awareness of the order as sufficient, and noting the union constitution charges the officials with issuing relevant notices and directives to members.