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ELRCPartially AllowedApplication dated 4 October 2024 (arising from Malindi Chief Magistrate Court ELRC No. 19 of 2022)· [2025] KEELRC 1075 (KLR)

Karisa v Chief Officer - Finance, County Government of Kilifi & 2 others (Judicial Review Application E001 of 2024) [2025] KEELRC 1075 (KLR)

Employment and Labour Relations Court
3 April 2025
1,783 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 found Kilifi County officials in contempt for defying payment orders, ruling that knowing about a court order counts even without personal service.

What this practically means

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Executive summary

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The applicant moved the Employment and Labour Relations Court at Malindi by an application dated 4 October 2024 seeking a declaration that the respondents, officers of the County Government of Kilifi, were in contempt of orders issued on 20 March 2024, warrants of arrest, committal to civil jail for up to six months or a fine of up to Ksh. 20 million, and a mandatory injunction to deposit the decretal sum of Ksh. 2,171,149.03 plus interest and taxed costs. The decretal flowed from an employment judgment awarding unpaid salaries, with a mandamus order of 11 March 2024 compelling payment within 45 days. The respondents, through the County Secretary Martin Mwaro, argued that no personal service of the orders was effected upon them, that the County Secretary's office was served rather than the respondents, that the decretal sum was erroneously tabulated, and that part-payment of Ksh. 136,400 had been made. The court held that personal knowledge of court orders is sufficient for contempt even without personal service, relying on the Kenya Tea Growers and TSC authorities; the orders of 20 March 2024 were issued in the respondents' advocates' presence and knowledge was admitted. Alleged errors in tabulation were matters for review, not justification for disobedience, and the alleged part-payment lacked evidence. The court found the respondents jointly and severally guilty of wilful disobedience and allowed the application, directing the County Secretary and the Chief Officer, Finance to attend court on 5 May 2025 to show cause why they should not be sanctioned, directing them to purge the contempt, and awarding the applicant the costs of the application.

Key legal issues

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01

Whether personal service of court orders is a prerequisite to contempt findings

Holding

Personal knowledge of the orders suffices; the respondents attended through advocates, orders of 20 March 2024 were issued in their advocate's presence, and the County Secretary's office was served and admitted knowledge

Reasoning

The court relied on Kenya Tea Growers Association v Francis Atwoli to hold that demonstrated personal awareness of orders makes alleged contemnors culpable even without personal service and penal notice. The respondents' advocates were present when orders issued, and the County Secretary, through his Replying Affidavit, admitted knowledge. Claiming no personal service would end in chaos and anarchy and does not foster the rule of law.

p. 4
02

Whether alleged erroneous tabulation of the decretal sum and part-payment excuse non-compliance

Holding

No; error apparent on the record is a ground for review, not for disobedience, and the alleged payment of Ksh. 136,400 was unsupported by evidence

Reasoning

The court held that a party who establishes an error or mistake apparent on the record must seek review. Standing back and pointing to an error as a reason for disobedience is a contradiction and abuse of process. The respondents' assertion that Ksh. 136,400 had been paid was not evidenced, and their internal efforts towards payment could not avail them against a contempt application.

p. 4
03

Whether the respondents wilfully disobeyed the orders of 20 March 2024

Holding

Yes; the respondents are jointly and severally guilty of contempt and must attend court to show cause why they should not be committed

Reasoning

The court found the orders of 20 March 2024 had not been complied with, the disobedience was apparent, and the cited persons and officers had made no effort to explain their conduct. It accordingly found wilful disobedience, declared them guilty of contempt, and summoned them to show cause, with a direction that they purge the contempt.

p. 4

Legal principles established

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  • Personal knowledge of a court order is sufficient to found contempt even absent personal service of the order and penal notice
  • A party who identifies an error in a decree must seek review; an alleged error is no justification for disobeying court orders

Court orders

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  1. 1.The respondent officers (the person and officer of the County Secretary and the Chief Officer, Finance, both of the County Government of Kilifi) shall attend court on 5 May 2025 to show cause why they should not be sanctioned for contempt of court orders issued on 20 March 2024
  2. 2.The officers cited shall purge the contempt
  3. 3.The applicant is awarded the costs of the application

Authorities

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Legislation

  • Civil Procedure ActSections 1A and 3A
  • Civil Procedure RulesOrder 51 rule 1
  • County Government ActSections 44(3), 45(3), 46
  • Employment ActSections 17, 18 and 20
  • Judicature Act
  • Contempt of Court Act of England

Cases cited (3)

  • Kenya Tea Growers Association vs Francis Atwoli & Others
    Nairobi High Court Constitutional Petition No 64 of 2010
  • Teachers Service Commission v Kenya National Union of Teachers and Two Others
    (2013) eKLR
  • Barclays Bank (K) Limited v William Mwangi Nguruki
    Civil Appeal No. 20 of 2014
Jurisdiction invoked
Section 1A and 3A of the Civil Procedure Act and Order 51 rule 1 of the Civil Procedure Rules

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, "Karisa v Chief Officer - Finance, County Government of Kilifi & 2 others (Judicial Review Application E001 of 2024) [2025] KEELRC 1075 (KLR)", Case Analysis (2025). Application dated 4 October 2024 (arising from Malindi Chief Magistrate Court ELRC No. 19 of 2022). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/1075/eng@2025-04-03

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