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ELRCPartially Allowednot stated in the judgment provided

Wafula v Board of Management Masima High School & another (Cause E066 of 2023) [2024] KEELRC 1321 (KLR)

Employment and Labour Relations Court
30 May 2024
760 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~3 min to read original · ~4 min brief

The bottom line

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A Kenyan employment court found a school principal and board in contempt for ignoring orders to pay a teacher, ruling that filing an appeal does not excuse non-compliance.

What this practically means

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Executive summary

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This is a ruling of the Employment and Labour Relations Court at Kisumu (Radido Stephen, J) on a Notice of Motion filed on 30 January 2024 by the Claimant seeking contempt of court proceedings against the Principal, Masimba High School and the Board of Management. The application followed orders issued on 25 October 2023 directing the Respondents to pay the Claimant all accrued salaries from February 2023 and to allow him back to work unless and until lawfully suspended. The Claimant sought a declaration of contempt, committal to civil jail for up to six months, restraints on further filings until contempt was purged, police security to enable enforcement, and costs. The Respondents replied through an affidavit and a motion for stay, and filed submissions. The Court found that the Respondents did not deny knowledge of the orders or their non-compliance. Their explanations - a pending appeal with a stay application before the Court of Appeal, and police investigations into an allegation that the Claimant received an untaxed salary - were rejected. The Court held that a party must comply with a court order unless and until it is vacated or set aside, that an appeal is no excuse for disobedience, and that no authority had been disclosed for withholding the Claimant's salaries while the employment relationship remained intact. The Respondents were found in willful disobedience and in contempt of the orders of 25 October 2023, and the Claimant was awarded costs of the application. No committal to civil jail or other consequential orders were made.

Questions the Court framed

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The issues the Court set itself to decide, in its own words.

  1. 1.Whether the Respondents were aware of the orders issued on 25 October 2023
  2. 2.Whether the Respondents have failed or refused to comply with those orders
  3. 3.Whether the explanations offered (pending appeal and police investigations) excuse non-compliance
  4. 4.Whether the Respondents are guilty of contempt of court and what consequences should follow

Key legal issues

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01

Whether pending appeal and police investigations excuse non-compliance with court orders

Holding

No. The explanations offered by the Respondents do not excuse non-compliance; lodging an appeal is no excuse for disobeying a subsisting order.

Reasoning

The Respondents did not deny knowledge of the orders of 25 October 2023 nor their failure to comply. Their excuses were a pending appeal with a stay application before the Court of Appeal, and police investigations into allegations that the Claimant received an untaxed salary. The Court held that an appeal does not suspend obedience to an order, and no authority was disclosed for withholding salaries while the employment relationship remained intact.

p. 2
02

Whether the Respondents' disobedience was willful

Holding

Yes. The Court found willful disobedience of the orders of 25 October 2023.

Reasoning

Knowledge of the orders was not denied, compliance was not denied, and no plausible reason was given for withholding the Claimant's salaries while he remained in employment. With no disclosed authority for withholding payment, the failure to pay and reinstate amounted to deliberate defiance justifying a finding of contempt.

p. 2

Legal principles established

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  • A party cannot refuse to comply with a court order merely because it has lodged an appeal; compliance is obligatory unless and until the order is vacated or set aside.

Court orders

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  1. 1.The Court finds the Respondents in contempt of court orders issued on 25 October 2023
  2. 2.The Claimant to have costs of the application

The bench

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One judgment of the whole court — no separate or dissenting opinions.

majority

Wrote the judgment

Jurisdiction invoked
Not expressly stated; jurisdiction exercised over contempt of court orders issued by the Court in an employment Cause

Relief refused

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Commitment of the Principal and Board of Management to civil jail for up to six months

The Court found contempt and willful disobedience but did not order committal to civil jail in the final orders

Restraint of the Respondents from filing pleadings or taking further proceedings until they purge contempt

Not granted in the final orders

Direction to the OCS, Masimba Police Station to provide security to the Claimant

Not granted in the final orders

Costs

The Claimant to have costs of the application.

Quotable passages

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Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.

The Court finds the Respondents in contempt of court orders issued on 25 October 2023.
p. 2Final orders - finding of contempt
The Claimant to have costs of the application.
p. 3Final orders - costs
Even where a party does not agree with a Court order, the party is under an obligation to comply with the terms of the Court order, unless and until it has been vacated or set aside.
p. 2Obligation to comply with subsisting orders
A party cannot give an excuse for failing to comply with a Court order merely because the party has lodged an Appeal with the Court of Appeal.
p. 2Pending appeal no excuse for disobedience

Issues in the judgment

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minor

The judgment as provided does not state the case title, Cause number or neutral citation, and the Claimant's name is not given; parties are identified only as Claimant and Respondents.

minor

The Motion's first prayer is truncated in the record, appearing only as an ellipsis.

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, "Wafula v Board of Management Masima High School & another (Cause E066 of 2023) [2024] KEELRC 1321 (KLR)", Case Analysis (2024). not stated in the judgment provided. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2024/1321/eng@2024-05-30

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