Zakayo & 3 others v Kitui County Public Service Board & 2 others; Kitui County Assembly (Interested Party) (Petition E212 of 2022) [2023] KEELRC 1471 (KLR)
The bottom line
#Kenya's Employment Court dismissed a contempt application because the applicants had no clear evidence the respondents defied court orders.
What this practically means
#Executive summary
#Questions the Court framed
#The issues the Court set itself to decide, in its own words.
- 1.Whether there is sufficient evidence that the respondents breached the interim orders of December 13, 2022 as extended on December 19, 2022 by filling the four reserved positions
Key legal issues
#Whether contempt of court orders was proved
The contempt application was unmerited for lack of sufficient evidence
Interim orders issued on December 13, 2022 and extended on December 19, 2022 preserved positions except those of the Junior Chief Officers. This position was confirmed by the respondents and not denied by the petitioners. On perusal of the contempt application and supporting affidavit, the court found no sufficient evidence that the respondents filled the four reserved positions, and since contempt requires clear and sufficient proof, the application failed.
Legal principles established
#- Contempt allegations must be established on clear and sufficient evidence
Court orders
#- 1.The application for contempt is declared unmerited
- 2.The court to proceed to dispose of the main petition on an expedited basis
The bench
#One judgment of the whole court — no separate or dissenting opinions.
Wrote the judgment
- Jurisdiction invoked
- Not expressly stated; petition before the Employment and Labour Relations Court
Relief refused
#Contempt application against the respondents
No sufficient evidence that the respondents filled the four reserved positions preserved by the interim orders
Costs
No costs order made in the excerpt
Quotable passages
#Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.
Contempt is a very serious accusation and ought to be premised on clear and suficient evidence. None has been provided in this particular case.
The court will therefore declare the application for contempt unmerited and proceed to dispose of the position. It is so ordered.
Issues in the judgment
#Case title, case number and parties' names are not stated in the excerpt; the ruling refers only to 'the petitioners' and 'the respondents'
The ruling describes the contempt application as 'unmerited' but does not make any order on costs
The judgment uses 'position' ambiguously - at times meaning 'issue', at times the reserved positions of the petitioners
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Zakayo & 3 others v Kitui County Public Service Board & 2 others; Kitui County Assembly (Interested Party) (Petition E212 of 2022) [2023] KEELRC 1471 (KLR)", Case Analysis (2023). Not stated in the excerpt provided. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2023/1471/eng@2023-06-09
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.