Kenya County Government Workers Union v Nairobi City Water and Sewerage Company; National Union of Water and Sewerage Employees (Objector) (CBA 34 of 2020) [2023] KEELRC 2152 (KLR)
The bottom line
#A Kenyan court dismissed a contempt claim, confirming that you cannot punish anyone for disobeying an order that never required anyone to do anything.
What this practically means
#Executive summary
#Key legal issues
#Whether contempt was established against the alleged contemnors
The application failed; the applicant did not prove disobedience of any court order
The ruling of January 15, 2021 only declined to register the CBA between KCGWU and the Employer; it did not order any party to do or abstain from doing anything. Contempt being quasi-criminal requires proof of unequivocal orders deliberately ignored to a heightened standard. What the applicant complained of (continued deduction and remittance of dues) was at most a consequence of the order, not disobedience of it, and is a separate cause of action.
Whether the applicant's grievance (non-remittance of union dues) could be pursued in these proceedings
No; non-remittance of union dues is a separate cause of action from registration of the CBA
These proceedings concerned registration of a CBA. The objector's complaint about the Employer continuing to deduct dues and remit them to KCGWU could not be resolved within a contempt application arising from the CBA registration ruling. The proper course was a separate cause of action against the Employer for remittance of dues.
Legal principles established
#- Contempt of court is quasi-criminal and the applicant must prove unequivocal court orders deliberately ignored, to a standard higher than balance of probabilities
- A negative order which does not require or restrain any act is incapable of being disobeyed and cannot ground contempt
Court orders
#- 1.The application dated April 21, 2021 is dismissed
- 2.No orders for costs
- Jurisdiction invoked
- Employment and Labour Relations Court, reference to Court of Appeal Civil Appeal No 18 of 2013 and prior orders of the ELRC in Cause No 439 of 2010 and CA No 213 of 2010
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kenya County Government Workers Union v Nairobi City Water and Sewerage Company; National Union of Water and Sewerage Employees (Objector) (CBA 34 of 2020) [2023] KEELRC 2152 (KLR)", Case Analysis (2023). Cause – application dated April 21, 2021 (Notice to Show Cause / contempt application) arising from ruling delivered January 15, 2021. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2023/2152/eng@2023-09-21
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.