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ELRCDismissedCause 781 of 2014 (Contempt application dated 19th October 2017)· [2019] KEELRC 526 (KLR)

Kenya Union of Entertainment & Music Industry and Employees v Sport Stadia Management Board [2019] KEELRC 526 (KLR)

Employment and Labour Relations Court
18 October 2019
1,967 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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A Kenyan court dismissed a union's contempt case against an employers' federation, ruling that contempt requires very strong proof.

What this practically means

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Executive summary

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This judgment of the Employment and Labour Relations Court at Nairobi, delivered on 18th October 2019 by Abuodha Jorum Nelson J, determines a contempt application dated 19th October 2017 in which the Claimant union sought an order that the respondent's Director General, Saima Ondima, appear in person to show cause why she should not be committed to civil jail for breach of the court's ruling of 23rd June 2017. That ruling had directed the respondent to continue recognising the Claimant for CBA negotiations until validly derecognised under the Labour Relations Act, and to remit unpaid union dues and agency fees for 2011 up to September 2015. The court isolated two issues: payment of union dues and agency fees, and the position on negotiations for the 2017/2019 CBA. On the first, the court held that the Claimant failed to prove non-payment or quantify the unpaid balance after the respondent's payment of Kshs. 1,295,229.86, which the Claimant had not challenged with a contrary tabulation. On the second, the respondent asserted it had derecognised the Claimant by writing to the National Labour Board after members defected en masse to KUDHEIHA; the court observed that its earlier ruling on recognition could have been made per incuriam of section 54(6) of the LRA, and held that the statutory dispute-resolution mechanism made contempt inappropriate recourse. Emphasising that contempt is a quasi-criminal process requiring proof beyond peradventure, the court dismissed the application with no order on costs.

Key legal issues

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01

Payment of union dues and agency fees for 2011 to September 2015

Holding

No contempt established; the Claimant failed to prove non-payment or quantify any unpaid balance after receiving Kshs. 1,295,229.86

Reasoning

The Claimant alleged non-payment but did not emphatically assert it, nor quantify the unpaid dues after receiving the respondent's full payment per its records. The Claimant itself conceded the application was really about CBA negotiations, not dues. The evidential burden lay on the party alleging breach, and the evidence fell short of the contempt threshold.

p. 2
02

Recognition of the Claimant for purposes of 2017/2019 CBA negotiations

Holding

No contempt established; the validity of the derecognition is a dispute for resolution under the Labour Relations Act, not contempt proceedings

Reasoning

The respondent asserted it had derecognised the Claimant by writing to the National Labour Board after members defected en masse to KUDHEIHA. The court observed its earlier ruling on this point may have been per incuriam of section 54(6) of the LRA, and held that the statutory dispute-resolution mechanism, not contempt, was the proper avenue.

p. 3

Legal principles established

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  • An application for contempt is a quasi-criminal process which may lead to loss of liberty or property, and the supporting evidence must be beyond peradventure
  • Where the Labour Relations Act provides a mechanism for resolving a recognition dispute, contempt proceedings are an inappropriate recourse

Court orders

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  1. 1.The contempt application dated 19th October 2017 is dismissed
  2. 2.No order on costs
  3. 3.It is so ordered

Authorities

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Legislation

  • Labour Relations Actsection 54(5)
  • Labour Relations Actsection 54(6)
Jurisdiction invoked
Inherent contempt jurisdiction of the Employment and Labour Relations Court in a cause pending before it (application dated 19th October 2017 under the Court's contempt process)

Key timeline

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Practical implications

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Frequently asked questions

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Later judgments citing this (1)

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Judgments in the corpus that rely on this one. Where the Court said how it treated the authority, that is shown.

Cite this brief

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Cite this brief

Caselaw, "Kenya Union of Entertainment & Music Industry and Employees v Sport Stadia Management Board [2019] KEELRC 526 (KLR)", Case Analysis (2019). Cause 781 of 2014 (Contempt application dated 19th October 2017). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2019/526/eng@2019-10-18

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