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ELRCDismissedPetition No 14 of 2020· [2021] KEELRC 1756 (KLR)

Leonard Sigey Bett v Governor, Count of Bomet & another [2021] KEELRC 1756 (KLR)

Employment and Labour Relations Court
12 May 2021
RSRadido Stephen
888 words in judgment
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The bottom line

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Kenya's Employment Court declined to punish Bomet's Governor and Speaker for contempt, finding they had partly complied and could not control recruitment powers held by a non-party board.

What this practically means

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Executive summary

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Following a judgment of 17 February 2021 in which the Court declared that the Governor and Speaker of the County Government of Bomet acted ultra vires in the recruitment, vetting and appointment of Stella Chepkoech Langat as County Secretary, and ordered a fresh recruitment process, the Petitioner moved the Court by a contempt application seeking committal of the Governor, the Speaker and Ms Langat, with costs to be paid personally by the contemnors. Several applications had been filed in quick succession - a joinder application by Ms Langat, the contempt Motion by the Petitioner and a stay application by the County Government - and the Court elected to hear the contempt application first. Applying the settled test for contempt - existence of a valid order, service or knowledge of it, and wilful disobedience - the Court found no contempt. The Governor deposed, unrebutted, that upon service he directed Ms Langat to leave office and appointed Mr Simon Langat to act as County Secretary pending substantive recruitment, exhibiting the appointment letter. As to the Petitioner's reformulated complaint that the Respondents had not initiated fresh recruitment, the Court observed that it had set no timelines, that section 44 of the County Governments Act vests the County Public Service Board with a role in recruitment, and that, the Board not being a party to the proceedings, wilful disobedience could not be established to the required standard. The Court also admonished the parties for naming Ms Langat as 3rd Respondent before her joinder application had been determined. The contempt Motion was dismissed with costs.

Key legal issues

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01

Whether the Governor and Speaker were in contempt of the orders of 17 February 2021

Holding

No contempt was established; the Governor had caused Ms Langat to leave office and appointed an acting County Secretary.

Reasoning

The Governor deposed that upon service of the order he directed Ms Langat to leave office and appointed Mr Simon Langat to act as County Secretary, exhibiting the appointment letter. The Petitioner did not rebut these assertions or dispute the acting appointment. The contempt standard was therefore not met on that ground, and the Court was unable to find disobedience regarding Ms Langat's continued occupation of office.

p. 2
02

Whether failure to commence fresh recruitment for County Secretary constituted contempt

Holding

It did not, since no timelines were ordered and the recruiting organ, the County Public Service Board, was not a party.

Reasoning

The Petitioner recast the alleged contempt in submissions as failure to recruit. The Court noted it gave no timelines for recruitment; under section 44 of the County Governments Act the County Public Service Board has a role in recruitment. Given the standard of proof in contempt applications, wilful disobedience could not be found against the Governor and Speaker when the organ with recruitment power was not before the Court.

p. 2

Legal principles established

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  • The test for contempt requires proof of a valid court order, service or knowledge of it, and wilful disobedience.
  • Contempt will not be found against a party where compliance requires the participation of a non-party organ vested with the relevant statutory power.
  • It is improper for parties to treat a person as a Respondent before the court has determined an application for her joinder as an Interested Party.

Court orders

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  1. 1.The contempt Motion is dismissed with costs.

Authorities

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Legislation

  • Constitution of Kenya, 2010Articles 10, 73, 174, 232
  • County Governments Actsection 44
  • Public Appointments (County Assemblies) Act, 2017section 5
Jurisdiction invoked
Jurisdiction to punish contempt of its own orders (the underlying Petition under Articles 10, 73, 174 and 232 of the Constitution, County Governments Act and Public Appointments (County Assemblies) Act, 2017)

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Leonard Sigey Bett v Governor, Count of Bomet & another [2021] KEELRC 1756 (KLR)", Case Analysis (2021). Petition No 14 of 2020. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2021/1756/eng@2021-05-12

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