Jenipher Achieng’ Ouko & 13 others v University of Nairobi [2019] KEELRC 769 (KLR)
The bottom line
#Kenya's Employment Court dismissed a contempt claim because the officials were never personally served with the court orders they allegedly breached.
What this practically means
#Executive summary
#Key legal issues
#Whether the interim orders had lapsed
The court held the orders of 4/8/2017, extended on 27/11/2017 by consent, remained in force until hearing of the claim and had not lapsed as contended by the respondent
The court found the orders were extended from time to time and on 27/11/2017 the parties by consent agreed to stay the interim orders pending the main claim. There was no indication they were ever varied or stayed, so the respondent's contention that they expired on 6/11/2017 was incorrect.
Whether the contempt application against the two officials could succeed
The application failed because personal service and proof of the contemnors' breach were not established
Applying the principle in Isaac Karuri Nyongo v Ruiru Sports Club, the court found no demonstration that the Vice Chancellor and Chief Personnel Officer were personally served with the orders, nor any evidence of what each did or omitted to do in breach. Without proof of personal service and deliberate breach, the contempt application could not stand.
Legal principles established
#- An alleged contemnor must be personally served with the court order alleged to have been breached, and the acts or omissions constituting contempt must be demonstrated
Court orders
#- 1.The application for contempt against the alleged contemnors is dismissed
- 2.Costs in the cause
- Jurisdiction invoked
- Sections 12 and 16 of the Employment & Labour Relations Court Act; Section 5 of the Judicature Act
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Jenipher Achieng’ Ouko & 13 others v University of Nairobi [2019] KEELRC 769 (KLR)", Case Analysis (2019). Notice of Motion Application dated 31/01/2019 (ELRC suit). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2019/769/eng@2019-09-17
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.