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ELRCOtherNot stated in the judgment (ex parte Applicant's Notice of Motion dated 9th May, 2023)· [2024] KEELRC 74 (KLR)

Rono v Principal Secretary State Department, Ministry of Interior & Coordination of National Government & another (Judicial Review Application E006 of 2021) [2024] KEELRC 74 (KLR)

Employment and Labour Relations Court
25 January 2024
2,737 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~11 min to read original · ~4 min brief

The bottom line

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A Kenyan court refused to jail a government official over an unpaid court award, choosing instead to demand an explanation for the payment delay.

What this practically means

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Executive summary

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This ruling by the Employment and Labour Relations Court at Nakuru determines an ex parte Notice of Motion dated 9th May 2023 by Geofirey Roo, seeking leave to cite the Principal Secretary, State Department, Ministry of Interior and Coordination of National Government for contempt of a decree of 9th June 2022 (a mandamus order to settle Kshs. 2,182,466 plus costs and interest from the primary judgment in Nakuru ELRC Cause No. 403 of 2014), committal to civil jail, warrants of arrest, and a direction to deposit Kshs. 2,666,796 in court. The applicant argued the respondents were duly served and deliberately defied the decree, relying on authorities to the effect that leave is unnecessary for breach of a decree and that non-allocation of funds by Parliament is not a justifiable excuse. The respondents opposed, contending that execution against Government must follow the Government Proceedings Act, that payment requires parliamentary budgeting and appropriation, and that the settlement process had already begun. The respondents filed no submissions. The court noted that requisite notice under Section 13 of the Government Proceedings Act had been served, that the Attorney General confirmed the claim had been forwarded for processing, and held that citing the Government for contempt was not the appropriate remedy in the circumstances. Instead, the court issued a Notice to Show Cause against the respondents' officer to explain the delay in processing payment, with costs in cause. Ruling delivered virtually on 25th January 2024 by Hellen Wasilwa, J.

Key legal issues

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01

Whether the Principal Secretary should be cited for contempt for failure to settle the decretal sum

Holding

The court declined to cite the Government for contempt, holding that since the Attorney General confirmed the settlement process had begun and notice had been served, contempt was not the appropriate remedy

Reasoning

The court examined the Government Proceedings Act, noting that under Section 13 proceedings against the Government require due notice. It found from the AG's response that requisite notice had been served and that the claim had been forwarded to Nairobi for processing of payment. Given this acknowledged progress, the court reasoned that contempt proceedings would not serve justice, and instead a Notice to Show Cause explaining the delay was the appropriate course.

p. 3

Legal principles established

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  • Where the Attorney General acknowledges that steps to settle the decretal sum have begun and requisite notice has been served, citation of the Government for contempt is not the appropriate remedy; a Notice to Show Cause on the delay is the preferable course

Court orders

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  1. 1.A Notice to Show Cause is issued against the respondents' officer to explain why there has been delay in processing the payment
  2. 2.Costs in cause

Authorities

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Legislation

  • Judicature ActSections 3 & 50 (and Section 5 per cited authority)
  • Civil Procedure ActSection 3A
  • Employment and Labour Relations Court Act No. 20 of 2011Section 20
  • Government Proceedings ActSection 13 (also section 21(4) per cited authority)

Cases cited (5)

  • Kisya Investments Ltd Vs AG
    [2005] 1 KLR 74
  • Christine Wangari Gachege V Elizabeth Wanjiru Evans & 11 Others
    [2014] eKLR
  • Republic Vs Principal Secretary Ministry Pf Interior and Coordination of The National Government EX-Parte Daniel Waweru Njoroge & 17 Other
    [2021] Eklr
  • Republic Vs Principal Secretary Ministry of Defence Ex Parte George Kariuki Waithaka
    [2019] Eklr
  • Henry Musemate Murwa Vs Francis Owino Principal Secretary Ministry of Public Service Youth And Gender Affairs & Another
    [2021] Eklr
Jurisdiction invoked
Sections 3 & 50 of the Judicature Act Cap 8, Section 3A of the Civil Procedure Act and Section 20 of the Employment and Labour Relations Court Act No. 20 of 2011

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, "Rono v Principal Secretary State Department, Ministry of Interior & Coordination of National Government & another (Judicial Review Application E006 of 2021) [2024] KEELRC 74 (KLR)", Case Analysis (2024). Not stated in the judgment (ex parte Applicant's Notice of Motion dated 9th May, 2023). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2024/74/eng@2024-01-25

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