Everlyne A. Owuor And 37 others v County Government of Migori & another [2021] KEELRC 2178 (KLR)
The bottom line
#The court refused to jail Migori County officials for contempt, but ordered the County Public Service Board to explain why it ignored an order confirming 38 employees permanently.
What this practically means
#Executive summary
#Key legal issues
#Whether the Governor and County Secretary were in willful contempt of the judgment and decree of 7/7/2019
Applicants did not prove willful contempt by either named person; the implementing organ is the County Public Service Board
The judgment was self-executing on default and the verification window had lapsed, but the Court held that the Board, not the Governor, was the organ responsible for implementation. There was no evidence the Board sat to conduct the verification or that the County Secretary communicated the order to any officer. Committal requires proof of willful disobedience, which was not established.
Standard and mode of proof in contempt proceedings
Proof is above balance of probabilities but not beyond reasonable doubt, and the applicants must show direct engagement with the named persons
The Court treated contempt as criminal in nature requiring a high degree of proof of willful disobedience. It relied on Molly Wambui Kiragu (Mativo J) for the requirement of a 30-day notice to the accounting officer of a state organ before contempt proceedings. Applying this, the Court directed a 30-day show-cause notice to the Board through the County Secretary.
Service of the judgment and decree and the effect of the lapse of the verification window
Service was not in dispute and the respondents should have sought enlargement of time; the only remaining option was to confirm the claimants' employment
Respondents admitted knowledge of the judgment and decree, so the argument that service was on the Legal Department was irrelevant. They never filed the verification report nor sought enlargement of time, so the self-executing default provision operated, deeming the 38 employees permanent and entitled to minimum benefits under the Employment Act, 2007.
Legal principles established
#- Contempt proceedings are criminal in nature and require proof of willful disobedience above a balance of probabilities but not beyond reasonable doubt
- An applicant for committal must show direct engagement of the named persons on compliance and utter disregard of the order despite direct communication of the judgment and decree
- Where a state organ is guilty of contempt in respect of an undertaking to court, a notice of not less than thirty days must be served on the accounting officer (per Mativo J, cited)
Court orders
#- 1.Dismissal of the application to commit the Governor and County Secretary to Civil Jail for contempt
- 2.Direction that the applicants serve a 30 days' notice on the Board, through the County Secretary, to show cause why they should not be held in contempt for failing to confirm the Claimants/Applicants in employment as ordered
- 3.Respondents to pay costs of the application
- Jurisdiction invoked
- Contempt jurisdiction of the Employment and Labour Relations Court over breach of its judgment and decree
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Everlyne A. Owuor And 37 others v County Government of Migori & another [2021] KEELRC 2178 (KLR)", Case Analysis (2021). Application dated 18/5/2020 in ELRC matter, judgment and decree of 7/7/2019. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2021/2178/eng@2021-02-11
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.