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ELRCPartially AllowedEmployment Cause No. 457 of 2016 (Nakuru), Contempt Application dated January 17, 2022· [2022] KEELRC 1145 (KLR)

Kenya County Government Workers Union v County Public Service Board of Narok (Cause 457 of 2016) [2022] KEELRC 1145 (KLR)

Employment and Labour Relations Court
5 July 2022
2,456 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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A Narok court ruled that appealing a judgment does not excuse ignoring it—without a stay of execution, employers must comply or face contempt.

What this practically means

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Executive summary

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This was a contempt of court application dated January 17, 2022 by the Kenya County Government Workers Union against the County Public Service Board of Narok. The union sought a finding that the Board and the County Secretary were in contempt of a judgment delivered by Hellen Wasilwa J on December 2, 2021, directing reinstatement of the grievant, Levin Mulei Kimeu, not later than January 1, 2022, together with an order of committal and an order barring the Respondent from participating in proceedings until purging the contempt. The Respondent, through the affidavit of County Secretary Elizabeth Sanangoi Lolchoki, denied wilful disobedience, contending it had filed a notice of appeal on December 16, 2021, that the grievant had obtained alternative employment in Machakos County and sought clearance, and that the application was procedurally defective under Rule 81.10 of the UK Civil Procedure Rules for lacking particulars of the alleged contempt. The court applied section 5(1) of the Judicature Act as expounded in Samuel M.N. Mweru v National Land Commission, holding that the invalid Contempt of Court Act never repealed that provision. It found the Respondent had admitted receiving the orders but had produced no stay of execution; filing an appeal is not a panacea to disobedience of court orders. The court found the County Public Service Board of Narok guilty of contempt and liable for punishment, and awarded costs of the application to the applicants. The judgment was delivered virtually on July 5, 2022.

Key legal issues

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01

Whether the Respondent was in contempt of the reinstatement orders of December 2, 2021

Holding

Yes; the Respondent disobeyed the orders and is guilty of contempt

Reasoning

The Respondent admitted receiving the judgment and orders but failed to reinstate the grievant, relying on a pending appeal. The court held that an appeal does not operate as a stay; the Respondent produced no stay orders from any court of competent jurisdiction. Non-compliance without stay constituted wilful disobedience, attracting contempt findings and liability for punishment, with costs to the applicant.

p. 5
02

The applicable law for contempt proceedings

Holding

Section 5(1) of the Judicature Act, incorporating English law on committal for contempt (Part 81 of the English Civil Procedure Rules), remains applicable

Reasoning

Relying on Samuel M.N. Mweru v National Land Commission, the court adopted the reasoning that the Contempt of Court Act 2016, having been declared invalid, had no legal effect and therefore did not repeal section 5 of the Judicature Act. The common law position under section 3 of the Judicature Act and the English Civil Procedure Rules on committal continue to apply.

p. 3

Legal principles established

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  • Filing an appeal does not excuse disobedience of court orders in the absence of a stay of execution
  • A party alleging stay must demonstrate its existence from a court of competent jurisdiction
  • Section 5(1) of the Judicature Act remains in force as the foundation for contempt jurisdiction because the repealing Contempt of Court Act was declared invalid

Court orders

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  1. 1.Finding that the Respondent, County Public Service Board of Narok, disobeyed the orders of the Court and is guilty of contempt and liable for punishment
  2. 2.Costs of the application to the applicants

Authorities

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Legislation

  • Constitution of KenyaArticle 159(2)
  • Judicature Actsection 5(1), section 3
  • Civil Procedure Actsection 3A
  • Civil Procedure RulesOrder 51 Rule 1
  • UK Civil Procedure (Amendment) Rules 2012Rule 81.10 / Part 81
  • High Court (Organization and Administration) Actsection 36
  • Government Proceedings Actsection 21
  • Evidence Actsections 107 and 108
  • Contempt of Court Actsection 38 (repeal of Judicature Act section 5)

Cases cited (4)

  • Evans Otieno Nyakwana v Cleophas Bwana Ongaro
    [2015] eKLR
  • Samuel M.N. Mweru and others v National Land Commission and 2 others
    [2020] eKLR
  • Christine Wangari Gachege v Elizabeth Wanjiru Evans & 11 Others
    [2014] eKLR
  • Daniel Kibet Mutai & 9 others v Attorney General
    [2019] eKLR
Jurisdiction invoked
Section 5(1) of the Judicature Act; Article 159(2) of the Constitution; section 3A of the Civil Procedure Act; section 36 of the High Court (Organization and Administration) Act 2015

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 County Government Workers Union v County Public Service Board of Narok (Cause 457 of 2016) [2022] KEELRC 1145 (KLR)", Case Analysis (2022). Employment Cause No. 457 of 2016 (Nakuru), Contempt Application dated January 17, 2022. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2022/1145/eng@2022-07-05

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