Aphonse Mwangemi Munga & 10 others (Suing on behalf and on behalf of 367 employees of African Safari Club Limited) v African Safari Club Limited & 3 others [2021] KEELRC 2238 (KLR)
The bottom line
#Kenya's Employment Court ruled that failing to pay awarded court costs is not contempt of court, and litigants cannot be barred from hearings over unpaid costs.
What this practically means
#Executive summary
#Key legal issues
#Whether non-payment of taxed costs amounts to contempt of court
Non-payment of taxed costs is not contempt; contempt requires wilful disobedience of a clear court order.
The court found no evidence that the Respondents disobeyed any order of the court. The application rested solely on non-payment of costs certified in the Court of Appeal, which the court held is not contempt nor abuse of process. The court also found the application was intended to block a pending application by the Respondents, evidencing bad faith.
Whether the court may deny a litigant audience
The court cannot refuse to hear a litigant; its jurisdiction is to hear disputes and facilitate just, expeditious and proportionate resolution.
The Respondents argued, and the court accepted in substance, that the principal objective of the court under Section 3 of the Employment and Labour Relations Court Act is facilitation of just, expeditious, efficient and proportionate resolution of disputes, and refusing audience to a litigant cannot serve that objective. The court found the request to deny audience misplaced.
Civility towards the court and officers of the court
Imputing fraudulent intent on a sitting judge in proceedings where the judge cannot respond is contemptuous in the face of the court and brings the court into disrepute.
The court took exception to the tone of the 2nd Respondent's replying affidavit and submissions, which accused Counsel and unnamed judges of fraud and lack of integrity. The court admonished that grievances against officers of the court should be raised with the relevant authorities, and counsel must be courteous in pleadings and orally.
Legal principles established
#- Failure of a party to pay taxed costs does not constitute contempt of court orders or abuse of court process.
Court orders
#- 1.The application dated 27th June 2020 is dismissed with costs
- Jurisdiction invoked
- Employment and Labour Relations Court Act, Sections 3 and 13
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Aphonse Mwangemi Munga & 10 others (Suing on behalf and on behalf of 367 employees of African Safari Club Limited) v African Safari Club Limited & 3 others [2021] KEELRC 2238 (KLR)", Case Analysis (2021). Cause No. 133 (N) of 2008. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2021/2238/eng@2021-01-29
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.