Kenya National Union of Nurses v County Government of Meru & another [2022] KEELRC 516 (KLR)
The bottom line
#The Employment Court dismissed a union's contempt case against Meru County officials because the union could not prove its allegations with strong enough evidence.
What this practically means
#Executive summary
#Key legal issues
#Burden and standard of proof in contempt proceedings
The applicant alleging contempt bears the burden of proving it to a standard higher than the balance of probabilities; the Claimant failed to discharge this burden
The court accepted the Respondents' submission invoking Section 107 of the Evidence Act and Mutitika v Baharini Farm, holding that contempt is quasi-criminal, engages the right to liberty, and requires proof almost but not exactly beyond reasonable doubt. On the evidence, the Claimant failed to demonstrate disobedience of the orders of 28th January, 2021.
Whether the Respondents conducted recruitment interviews in breach of the order of 28th January, 2021
Not proved; the Respondents asserted the interviews were stopped by notice on their website and the Claimant adduced no evidence of any interview or replacement
The court found the Claimant produced no affidavit by an interviewee or documentary proof that the interviews took place or that any nurse was replaced after the order. Allegations of removal from payroll and withholding of salaries were likewise unsupported by documentary evidence.
Legal principles established
#- Contempt proceedings are quasi-criminal in nature and the standard of proof is higher than the balance of probabilities, almost but not exactly beyond reasonable doubt
Court orders
#- 1.The notice of motion dated 4th February, 2021 is disallowed (dismissed)
- 2.Each party to bear their own costs of the application
- Jurisdiction invoked
- Original contempt jurisdiction of the Employment and Labour Relations Court in an employment dispute (contempt application following court orders of 28th January, 2021)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kenya National Union of Nurses v County Government of Meru & another [2022] KEELRC 516 (KLR)", Case Analysis (2022). Notice of Motion dated 4th February, 2021 (arising from ELRC Cause; number not stated in judgment). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2022/516/eng@2022-03-09
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.