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ELRCDismissedNot stated in judgment· [2022] KEELRC 1143 (KLR)

Kenya Medical Practitioners, Pharmacists and Dentists Union v County Government of Nyamira (Petition 35 of 2020) [2022] KEELRC 1143 (KLR)

Employment and Labour Relations Court
18 May 2022
RSRadido Stephen
804 words in judgment
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The bottom line

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The Employment Court dismissed the doctors' union's contempt case against Nyamira County because the union brought no concrete evidence of disobedience of a Return-To-Work Formula.

What this practically means

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Executive summary

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The Kenya Medical Practitioners, Pharmacists and Dentists Union moved the Court by a Motion dated 3 December 2021 seeking, principally, that the Petition be fixed on a priority basis for notice to show cause why the Respondent's County Secretary and Head of the County Public Service Board, the County Chief Officer Health Services and the County Chief Officer Public Service Management should not be committed to civil jail, alleging refusal to comply with a Return-To-Work Formula adopted by the Court on 26 January 2021. The Union identified four alleged breaches: failure to issue common cadre (M-P) promotion letters; failure to advertise and conduct interviews for competitive cadre (Q-S) promotions; failure to implement promotions; and failure to pay salary arrears arising from 2017 promotions. The Respondent filed a replying affidavit exhibiting promotion letters dated 27 August 2020 and 16 September 2020, IPPD data capture schedules and payroll records. The Court held that the Union failed to discharge the burden of proving contempt: it produced no schedule of common cadre employees denied promotions, the competitive promotion term was too general to found a contempt finding, it named no member whose promotion had not been implemented, and it disclosed no employees eligible for salary arrears while payroll records suggested payment. The Court found the threshold for contempt unmet and dismissed the Motion dated 3 December 2021 with costs to the Respondent. Judgment was delivered virtually, dated and signed in Kisumu on 18 May 2022.

Key legal issues

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01

Whether contempt of a consent order adopting a Return-To-Work Formula was proved

Holding

Contempt was not proved on any of the four alleged limbs of non-compliance

Reasoning

The Union bore the burden of proving wilful disobedience of the adopted formula. On common cadre promotions, the Respondent exhibited letters predating the formula and the Union produced no schedule of eligible employees. On competitive promotions, the term was too general. On implementation and salary arrears, the Union named no affected member while the Respondent filed IPPD and payroll records. The Court therefore could not find wilful disobedience.

p. 3

Legal principles established

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  • A party asserting contempt must prove the ingredients of contempt; failure to place before the court particulars or evidence of non-compliance is fatal to the application

Court orders

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  1. 1.The Motion dated 3 December 2021 is dismissed with costs to the Respondent
Jurisdiction invoked
Employment and Labour Relations Court jurisdiction over enforcement/contempt of a Return-To-Work Formula adopted by the Court (statutory provision not expressly cited in judgment)

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, "Kenya Medical Practitioners, Pharmacists and Dentists Union v County Government of Nyamira (Petition 35 of 2020) [2022] KEELRC 1143 (KLR)", Case Analysis (2022). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2022/1143/eng@2022-05-18

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