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ELRCDismissedPetitioner/applicant's Application dated 6th October, 2021 (ELRC petition, Nairobi; related to Sarah Mwendwa's petition)· [2022] KEELRC 1040 (KLR)

Aggrey Wafula v Public Service Commission & 5 others [2022] KEELRC 1040 (KLR)

Employment and Labour Relations Court
20 January 2022
HWHellen Wasilwa
2,044 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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Kenya's Employment Court dismissed a contempt claim against Ministry of Lands officials because the applicant couldn't prove they actually disobeyed court orders protecting the Chief Land Registrar.

What this practically means

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Executive summary

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This ruling of the Employment and Labour Relations Court at Nairobi, delivered virtually by Lady Justice Hellen Wasilwa on 20th January 2022, determined a contempt-of-court application dated 6th October 2021 brought by the petitioner, Aggrey Wafula, against Farida Karoney (Cabinet Secretary, Ministry of Lands), Nicholas Maraguri (Principal Secretary), Anne W. Kariithi (Director, HRM&D) and David Nyandoro. The application sought a notice to show cause, a declaration of contempt, and the arrest, sentencing and committal of the respondents to civil jail for disobeying interlocutory orders of 23rd September 2021 restraining interference with the duties of the substantive Chief Land Registrar, Ms. Sarah Mwendwa. The respondents, through replying affidavits of Luka M Kaburu and David Nyandoro, admitted service but denied the contempt, contending that the order lacked timelines, that the alleged denial of access to the registrar's office was unproven, and that she was in fact working as evidenced by an internal memo of 15th October 2021. The 5th respondent further denied being served and stated his duties as Deputy Chief Land Registrar were distinct from those of the Chief Land Registrar. After considering written submissions, the court held that the applicants had not demonstrated how the orders were disregarded, noted evidence that the registrar was working in October 2021, and found the contempt not proven. The application was dismissed, the main application ordered to proceed, and costs were made costs in the cause.

Key legal issues

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01

Whether the respondents committed contempt of the orders of 23rd September, 2021

Holding

The application was dismissed because the applicant did not prove the alleged acts of contempt.

Reasoning

The court noted that the respondents denied interfering with the Chief Land Registrar's duties and demonstrated, through an internal memo, that she was working as late as 15th October 2021. The applicants alleged closure of her office, which the respondents denied, and the applicants did not demonstrate the manner in which the orders were disregarded. Contempt, being quasi-criminal, required proof of the alleged acts.

p. 4
02

Elements of contempt as framed by the parties

Holding

The respondents relied on the four-part test: clear and unambiguous order, knowledge/notice, breach, and deliberateness, and argued the test was not met.

Reasoning

The respondents submitted, citing Samuel M. N Mweru v National Land Commission, that the terms of the order were unclear as to timelines, the time given was short, the breach was not deliberate, and the photographic evidence lacked probative value. The court accepted that the respondents demonstrated the claimant was working in October 2021, undermining the breach allegation.

p. 3

Legal principles established

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  • An applicant for contempt must demonstrate the manner in which the court orders were disregarded; contempt must be proven to the required standard before committal

Court orders

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  1. 1.The contempt application dated 6th October, 2021 is dismissed for want of proof
  2. 2.The main application/petition to proceed
  3. 3.Costs in the cause

Authorities

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Legislation

  • Judicature Actsection 5
  • Civil Procedure Actsections 3, 3A
  • Employment and Labour Relations Court Actsections 3, 12, 13
  • Rules of the Supreme Court of England 1965Order 52 Rule 2(2)
  • Contempt of Court Act
  • Civil Procedure Amendment No. 2 of 2021Part 8
  • Land Registration Actsection 14

Cases cited (6)

  • Republic v Kajiado County & 2 others ex parte Kilimanjaro Safari Club Limited
    [2019] eKLR
  • Christine Wangari Gachigi v Elizabeth Wanjira Evans and 11 others
    [2014] eKLR
  • Simmer Plaza Limited v National Bank of Kenya Limited
    [2015] eKLR
  • Sam Nyamweya & 3 others v Kenya Premier League Limited & 2 others
    [2015] eKLR
  • Samuel M. N Mweru and others v National Land Commission & 2 others
    [2020] eKLR
  • Stephen K Sang and another v Chebii Boiyo and another
    [2021] eKLR
Jurisdiction invoked
Inherent powers of the Court; section 5 of the Judicature Act; sections 3, 3A of the Civil Procedure Act; sections 3, 12 and 13 of the Employment and Labour Relations Court Act; Contempt of Court Act and other enabling provisions

Key timeline

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Practical implications

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Frequently asked questions

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Later judgments citing this (4)

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Judgments in the corpus that rely on this one. Where the Court said how it treated the authority, that is shown.

Cite this brief

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Cite this brief

Caselaw, "Aggrey Wafula v Public Service Commission & 5 others [2022] KEELRC 1040 (KLR)", Case Analysis (2022). Petitioner/applicant's Application dated 6th October, 2021 (ELRC petition, Nairobi; related to Sarah Mwendwa's petition). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2022/1040/eng@2022-01-20

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