Kenya County Government Workers Union v County Public Service Board of Narok (Cause 457 of 2016) [2022] KEELRC 1145 (KLR)
The bottom line
#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
#Executive summary
#Key legal issues
#Whether the Respondent was in contempt of the reinstatement orders of December 2, 2021
Yes; the Respondent disobeyed the orders and is guilty of contempt
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.
The applicable law for contempt proceedings
Section 5(1) of the Judicature Act, incorporating English law on committal for contempt (Part 81 of the English Civil Procedure Rules), remains applicable
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.
Legal principles established
#- 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
#- 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.Costs of the application to the applicants
- 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
#Practical implications
#Frequently asked questions
#Cite this brief
#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.