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ELRCDismissedNot stated in the excerpt provided· [2023] KEELRC 1471 (KLR)

Zakayo & 3 others v Kitui County Public Service Board & 2 others; Kitui County Assembly (Interested Party) (Petition E212 of 2022) [2023] KEELRC 1471 (KLR)

Employment and Labour Relations Court
9 June 2023
ANAbuodha J. N.
245 words in judgment
View original judgmentRead on Kenya Law Watch case
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·~1 min to read original · ~4 min brief

The bottom line

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Kenya's Employment Court dismissed a contempt application because the applicants had no clear evidence the respondents defied court orders.

What this practically means

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Executive summary

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This is a short ruling of the Employment and Labour Relations Court at Nairobi, delivered virtually by Abuodha J. N. on June 9, 2023, on an application for contempt arising from interim orders issued on December 13, 2022 and extended on December 19, 2022. The interim orders had preserved the positions of the Junior Chief Officers pending the hearing and disposal of the underlying petition, which concerns the petitioners' employment and whether their contracts expired and were not renewed. The court noted that the respondents confirmed this position and that it was not denied by the petitioners. Upon perusal of the contempt application and the supporting affidavit and documents, the court found no sufficient evidence demonstrating that the respondents had filled the four reserved positions. Emphasising that contempt is a serious accusation requiring clear and sufficient evidence, the court declared the contempt application unmerited. It directed that the matter be fast-tracked and concluded, given that it affects the petitioners' continued employment and the respondents' need to fill the contested positions. No costs order appears in the ruling. The excerpt omits the case number, party names and the main petition's details.

Key legal issues

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01

Whether contempt of court orders was proved

Holding

The contempt application was unmerited for lack of sufficient evidence

Reasoning

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.

p. 2

Legal principles established

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  • Contempt allegations must be established on clear and sufficient evidence

Court orders

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  1. 1.The application for contempt is declared unmerited
  2. 2.The court to proceed to dispose of the main petition on an expedited basis
Jurisdiction invoked
Not expressly stated; petition before the Employment and Labour Relations Court

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, "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.