Kenya Union of Clinical Officers (KUCO) v Nairobi City County Government & 2 others (Employment and Labour Relations Petition E180 of 2023) [2024] KEELRC 274 (KLR)
The bottom line
#Nairobi County avoided contempt sanctions for clinical officer recruitment because it postponed the interviews, though the court stressed its orders must be obeyed.
What this practically means
#Executive summary
#Key legal issues
#Whether continued recruitment steps after service of a prohibitory order constitute contempt
Circulating a notice of shortlisted candidates including clinical officers and setting interview dates after the 24.10.2023 order breached the order, which prohibited continuing the recruitment process regardless of when it would end.
The court found the order unambiguous: it prohibited advertising, interviewing, recruiting or allowing new clinical officers to assume office pending determination of the application. The argument that the recruitment was already underway when the suit was filed did not assist because the order barred continuing the process. Respondents asserting conflicting High Court orders gave no case number or copy of such orders; in any event independent orders must be obeyed unless set aside. The aggrieved party's remedy was to apply to discharge or renew the order, not to disregard it.
Whether contempt sanctions should still issue despite the postponement of the interviews
No, the contempt application was overtaken by events because the interviews were postponed by public notice dated 15th January 2024.
By a further affidavit dated 18th January 2024, the Respondents' CEO/Board Secretary informed the court that by public notice dated 15th January 2024, the scheduled interviews for 17th, 18th and 23rd January 2024 would not proceed until further notice. The court held this action exonerated the contemnors from contempt since the interviews were postponed as per the order of 27th November 2023. The application was accordingly dismissed with each party bearing their own costs.
Legal principles established
#- Court orders must be obeyed unless and until set aside, even where the person affected believes the order to be irregular or void
- A party aggrieved by a court order must apply for its discharge or variation rather than disobey it
Court orders
#- 1.The application for contempt of court is dismissed as overtaken by events
- 2.Each party will bear their respective costs
- Jurisdiction invoked
- Original contempt jurisdiction of the Employment and Labour Relations Court over breach of its conservatory orders of 24th October 2023
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kenya Union of Clinical Officers (KUCO) v Nairobi City County Government & 2 others (Employment and Labour Relations Petition E180 of 2023) [2024] KEELRC 274 (KLR)", Case Analysis (2024). Notice of Motion dated 28th November 2023 (in Petition E210 of 2021 series, ELRC Nairobi). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2024/274/eng@2024-02-13
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.