Daniel Omondi Ogada & 2 others v County Assembly of Homabay & 2 others [2020] KEELRC 584 (KLR)
The bottom line
#Kenya's Employment Court refused to jail Homa Bay county officials for contempt because the applicants failed to prove willful disobedience to the required high standard.
What this practically means
#Executive summary
#Key legal issues
#Willful defiance of interim court orders by the alleged contemnors
Not proved to the required standard; the contempt application failed
The court held applicants to strict proof because penal measures were sought. No supplementary affidavit was filed to controvert Mr. Ongwe's deposition that the redeploys occurred on 29th November 2019, before the orders of 2nd December 2019, and that service was not personal. The facts that the horse had bolted before the orders issued and that material non-disclosure attended their obtaining also weighed against committal.
Standard of proof in contempt proceedings
Higher than balance of probabilities but not beyond reasonable doubt, with strict proof required where penal consequences are sought
The court framed the applicable standard expressly and applied it, finding the applicants had not discharged it. This standard informed the strict approach to uncontroverted facts and the applicants' burden.
Legal principles established
#- Contempt of court must be proved to a standard higher than a balance of probabilities but not beyond reasonable doubt, and where penal measures are sought the applicant is held to strict proof
- An applicant for punitive contempt orders who does not file a supplementary affidavit to join issue with matters of fact raised in the respondent's replying affidavit risks dismissal
Court orders
#- 1.The application dated 14th January 2020 seeking committal of Isaiah Ongwe and Cyprian Otieno Awiti to jail was dismissed
- 2.Costs of the application were awarded to the respondents, costs in the cause
- Jurisdiction invoked
- Original contempt jurisdiction of the Employment and Labour Relations Court in a petition; delivery of the ruling remotely under Article 159(2)(d) and Article 48 of the Constitution, Section 18 of the Civil Procedure Act and the Chief Justice's COVID-19 directions of 15th March 2020
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Daniel Omondi Ogada & 2 others v County Assembly of Homabay & 2 others [2020] KEELRC 584 (KLR)", Case Analysis (2020). Application dated 14th January 2020 in a petition before the Employment and Labour Relations Court. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2020/584/eng@2020-07-30
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.