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ELRCDismissedNot stated in the judgment· [2021] KEELRC 2014 (KLR)

Kakamega County Public Service v Kenya National Union of Nurses Board [2021] KEELRC 2014 (KLR)

Employment and Labour Relations Court
10 March 2021
RSRadido Stephen
751 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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The Employment Court dismissed a nurses' union bid to jail hospital officials for contempt, finding payroll deductions were authorised voluntarily by employees themselves.

What this practically means

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Executive summary

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The Kenya National Union of Nurses sued the Kakamega County Public Service Board in August 2020 over alleged unprocedural wage deductions of Kshs 500 itemised as a social welfare association contribution, and unfair labour practices. On 21 August 2020 the Court granted interim orders staying the deductions pending determination of the main suit. The Union then filed a Motion on 2 November 2020 seeking contempt citations against Catherine Otenyo, Secretary of Kakamega County General Hospital, and Victor Zimbulu, its Medical Superintendent, and their committal to civil jail for six months, alleging breach of the interim orders. The Respondent filed grounds of opposition and both parties filed submissions. In a Ruling delivered on 10 March 2021, Judge Radido Stephen dismissed the contempt application. The Court gave four reasons: the persons sought to be cited were not members of the County Public Service Board nor Accounting Officers and had no direct or indirect role in the payroll or implementation of the orders; before the contempt application was filed there was material showing employees had voluntarily registered the Kakamega County General Hospital Staff Welfare Group on 17 February 2020 and had expressly instructed the employer to make the deductions; none of the subscribing employees complained, the complaint having been self-originated by the Union's Branch Secretary; and there was nothing to prove the Respondent declined to stop deductions when members requested it. The Court found the Motion not only without merit but frivolous and vexatious, dismissed it and awarded costs to the Respondent. The main suit remains pending.

Key legal issues

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01

Whether the named hospital officials were in contempt of the order of 21 August 2020 staying deductions

Holding

The contempt application failed because the cited persons had no role in payroll implementation, the deductions arose from employees' voluntary registration of and instructions to a welfare group, and no affected employee complained

Reasoning

The Court found the cited officials were neither Board members nor Accounting Officers responsible for the payroll. Employees had themselves registered a self-help group and instructed the deductions. None of the subscribing employees complained; the complaint originated solely from the Union's Branch Secretary, and there was no proof the Respondent declined to stop deductions on request.

p. 2

Legal principles established

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  • Contempt cannot attach to persons with no direct or indirect role in implementation of the court order
  • Deductions made pursuant to employees' express instructions, in exercise of their freedom of association, do not constitute contempt

Court orders

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  1. 1.The Motion dated 2 November 2020 is dismissed
  2. 2.Costs of the Motion awarded to the Respondent
Jurisdiction invoked
Employment and Labour Relations Court jurisdiction over employment and labour relations disputes (the judgment does not cite the specific provision)

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, "Kakamega County Public Service v Kenya National Union of Nurses Board [2021] KEELRC 2014 (KLR)", Case Analysis (2021). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2021/2014/eng@2021-03-10

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