Bett & 27 others v County Government of Uasin Gishu & 2 others (Petition 20 of 2020) [2024] KEELRC 939 (KLR)
The bottom line
#What this practically means
#Executive summary
#Key legal issues
#Whether the alleged contemnors had knowledge of the judgment of 15th June 2023
Knowledge was established: counsel appeared when judgment date was fixed, a notice of appeal was lodged on 28th June 2023, and an internal memo releasing casual staff was issued on 29th June 2023
The court found that counsel for the Respondents was in court when the matter was fixed for judgment, and the Respondents filed a notice of appeal on 28th June 2023, proving awareness. The internal memo of 29th June 2023 releasing casual/temporary staff, stamped received 30th June 2023, demonstrated deliberate defiance. The court applied Shimmers Plaza, holding that knowledge by the advocate suffices for contempt proceedings.
Whether lack of budgetary allocation excuses non-compliance
No - impossibility of implementing an order is not a defence to contempt; the proper course is to return to court or appeal
Relying on Republic v County Chief Officer, Finance & Economic Planning, Nairobi City County (Ex parte David Mugo Mwangi), the court held that court orders are not made in vain and bind the parties until set aside on review or appeal. A party facing difficulty must return to court to explain. Budgetary constraints and the pendency of an appeal and stay application do not justify deliberate disobedience.
Whether the Respondents' conduct was deliberate and wilful
Yes - the court found deliberate and wilful disobedience and cited all the alleged contemnors for contempt
The court found the first limb (clarity of orders) undisputed; knowledge was proved by the notice of appeal filed a day before the offending memo; and the failure to appear at judgment and to recall the offending memo after service established deliberateness. All elements of civil contempt were therefore satisfied and all the alleged contemnors were found guilty.
Legal principles established
#- A court order remains valid and binding until set aside or reviewed, and impossibility of compliance is no defence to contempt; a party facing difficulty complying must return to court
- Elements of civil contempt: clear and unambiguous order, knowledge/notice, breach, and deliberateness
Court orders
#- 1.The alleged contemnors (Edwin Bett, Sammy Kotut, Francisca Bowen and Dr Paul Wangwe) are found guilty of contempt for disobedience of the court's orders made on 15th June 2023 and are cited accordingly
- 2.The contemnors are directed to attend court in person on a date to be taken at the time of delivery of the ruling, for sentencing
- Jurisdiction invoked
- Article 159(1) of the Constitution (judicial authority of the courts), contempt jurisdiction to enforce the court's judgment of 15th June 2023
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Bett & 27 others v County Government of Uasin Gishu & 2 others (Petition 20 of 2020) [2024] KEELRC 939 (KLR)", Case Analysis (2024). Petition No 20 of 2020. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2024/939/eng@2024-04-25
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.