Kenya Magistrates & Judges Association (KMJA) v Salaries & Remuneration Commission (SRC); Judicial Service Commission (Interested Party) (Petition 29 of 2019) [2021] KEELRC 924 (KLR)
The bottom line
#What this practically means
#Executive summary
#Key legal issues
#Jurisdiction of the ELRC to punish for contempt under Section 5 of the Judicature Act
The ELRC has jurisdiction to punish for contempt of court; the term 'High Court' in Section 5(1) of the Judicature Act embraces courts of equal status established under Article 162(2).
The Court held the Respondent misapprehended Karisa Chengo, which concerned criminal appeals before mixed benches, not contempt jurisdiction. It adopted the reasoning in Teachers Service Commission v KNUT (Ndolo J) that 'High Court' in Section 5(1) includes the Industrial Court and ELC established under Article 162(2), and noted that depriving equal-status courts of contempt powers would subordinate them to the High Court unconstitutionally, as held in Kenya County Government Workers Union.
Whether the Respondent was in contempt
The Respondent was found in willful disobedience of the Court's orders and was cited for contempt and fined.
On the evidence, the Court found willful disregard of its orders. It rejected the Respondent's jurisdictional objection as nit-picking, citing Mutitika v Baharini Farm on liability for willful breach of orders, then proceeded to cite the Respondent for contempt and impose a monetary penalty with default sanctions.
Legal principles established
#- The term 'High Court' in Section 5(1) of the Judicature Act includes courts of equal status established under Article 162(2) of the Constitution, namely the Industrial Court/ELRC and the Environment and Land Court, which therefore have power to punish for contempt of their orders.
- A person who, knowing of an order, willfully breaches it is liable to be committed for contempt as he has obstructed justice.
Court orders
#- 1.Preliminary objection dated 9th March 2021 dismissed
- 2.Respondent cited for contempt of court
- 3.Respondent (Salaries and Remuneration Commission) to pay a fine of Kshs. 5,000,000/- within 30 days of the ruling
- 4.Failure to pay the fine to expose the Respondent to additional sanctions and potential committal of its top management to civil jail
- 5.Respondent to comply with the court orders the subject of the contempt proceedings forthwith
- Jurisdiction invoked
- Inherent contempt jurisdiction of the ELRC as a superior court of equal status under Article 162(2) of the Constitution, read with Section 5(1) of the Judicature Act and Section 20 of the Employment Act
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kenya Magistrates & Judges Association (KMJA) v Salaries & Remuneration Commission (SRC); Judicial Service Commission (Interested Party) (Petition 29 of 2019) [2021] KEELRC 924 (KLR)", Case Analysis (2021). . Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2021/924/eng@2021-09-21
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.