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ELRCAllowedNot stated in the judgment· [2025] KEELRC 1067 (KLR)

Ikiao v Methodist Church in Kenya Trustees Registered & 2 others; Kimuu & 2 others (Interested Parties); Mwenda & 2 others (Proposed Interested Parties) (Cause E133 of 2024) [2025] KEELRC 1067 (KLR)

Employment and Labour Relations Court
3 April 2025
1,806 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~7 min to read original · ~4 min brief

The bottom line

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A Kenyan court ruled that six people cited for contempt in a church dispute cannot be penalised without first being formally joined and heard.

What this practically means

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Executive summary

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This Employment and Labour Relations Court ruling at Malindi, delivered by M. Mbarũ, Judge, on 3 April 2025, dealt with two applications by six proposed interested parties seeking to be enjoined in proceedings in which they had been cited as contemnors. The respondents had applied on 11 February 2025 to review orders of 3 March 2025 and had named the applicants as contemnors for disobedience of orders issued on 29 January 2025. The applicants (three clergy and three lay persons) argued, relying on Order 1 Rule 10(2) of the Civil Procedure Rules, that contempt proceedings being quasi-criminal, they were entitled to a hearing and should not be condemned unheard. The respondents, through Bishop Isaya Deye, conceded the applicants should be joined but insisted they had been properly served by email or phone and that the pending ruling should proceed. The claimant remained neutral, having moved to withdraw the suit. Applying Sadera v Kerema, Civicon v Kivuwatt, United India Insurance and Del Monte v Githae, the court held that a party reasonably affected by pending litigation is a necessary and proper party, and since the contempt application focused on the applicants' conduct, they must be heard before determination. The court allowed both applications, enjoined the six applicants as interested parties, placed the pending ruling in abeyance, directed responses within 14 days, and fixed the contempt application for hearing on 24 April 2025, with no orders on costs.

Key legal issues

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01

Whether the proposed interested parties should be enjoined in proceedings in which they are cited as contemnors but are not parties

Holding

Yes. Having been mentioned as contemnors in orders and an application while not being parties, their right to be heard required their joinder before the contempt application could be determined.

Reasoning

The orders of 29 January 2025 and the application dated 11 February 2025 named the applicants as contemnors although they were neither claimants nor respondents. The application to cite them for contempt primarily concerns their conduct, and they will feature in the outcome. Since contempt proceedings are quasi-criminal and may result in sanctions, natural justice demanded that they attend and respond before the Court decides. Joinder under Order 1 Rule 10(2) is discretionary and turns on demonstrating sufficient interest and direct prejudice.

p. 4

Legal principles established

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  • A party may be joined where its presence is necessary for the Court to effectually and completely adjudicate on all questions, even without a cause of action against it.
  • Joinder under Order 1 Rule 10(2) is discretionary and turns on the party's necessity to the determination of the subject matter in the unique circumstances of each case.
  • The power to add a party may be exercised at any stage of proceedings, even after judgment where damages are yet to be assessed.

Court orders

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  1. 1.Applications dated 11 and 17 March 2025 allowed; the applicants enjoined as interested parties
  2. 2.The pending ruling on the application dated 11 February 2025 placed in abeyance
  3. 3.The applicants to file responses within 14 days and serve
  4. 4.Application dated 11 February 2025 to be heard on 24 April 2025
  5. 5.No orders on costs
Jurisdiction invoked
Inherent and discretionary powers of the Court; Order 1 Rule 10(2) of the Civil Procedure Rules (joinder of parties)

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, "Ikiao v Methodist Church in Kenya Trustees Registered & 2 others; Kimuu & 2 others (Interested Parties); Mwenda & 2 others (Proposed Interested Parties) (Cause E133 of 2024) [2025] KEELRC 1067 (KLR)", Case Analysis (2025). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/1067/eng@2025-04-03

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