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ELRCPartially AllowedApplication dated 27th February 2025 (arising from Petition regarding recruitment of City Manager, Eldoret)· [2025] KEELRC 1287 (KLR)

Koiyet v County Public Service Board Uasin Gishu & another (Petition E017 of 2024) [2025] KEELRC 1287 (KLR)

Employment and Labour Relations Court
2 May 2025
2,963 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
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The bottom line

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A Kenyan court found Uasin Gishu County officials guilty of disobeying employment court orders, but rejected the eviction claim for lack of proof.

What this practically means

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Executive summary

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This ruling of the Employment and Labour Relations Court at Eldoret (Onyango J) determined a contempt application dated 27th February 2025 arising from interim orders issued on 26th November 2024, which restrained the Respondents from interfering with the Petitioner's employment or substantively filling the position of City Manager, Eldoret City pending inter partes hearing of his application. The Petitioner alleged two acts of contempt: a letter dated 17th January 2025 revoking his rights as accounting officer, and his forcible eviction from office on 18th February 2025. The Respondents denied breach, contending the orders referred to a City Manager position the Petitioner never held, and that the withdrawal of accounting officer roles was a statutory discretion of the CECM Finance under section 148 of the Public Finance Management Act. Applying the test in Samuel M. N. Mweru and Shimmers Plaza, the court found the orders clear and unambiguous, that the Respondents had knowledge and deliberately disobeyed them, rejecting the variance argument since the City Manager position was admittedly unfilled and section 28 of the Urban Areas and Cities Act uses the two titles interchangeably. The court found the Respondents guilty of contempt through the actions of Micah Kipkosgei Rogony, CECM-Finance, for revoking the Petitioner's accounting officer rights. However, it found the eviction claim unproved as the Applicant did not establish the attackers were sent by the contemnors. Sentencing was reserved for delivery of the ruling.

Key legal issues

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01

Elements of civil contempt

Holding

The Applicant proved the terms of the order, the Respondents' knowledge, breach and deliberateness in respect of the withdrawal of the Applicant's accounting officer rights

Reasoning

The court adopted the Mweru four-element test requiring proof beyond reasonable doubt of clear terms, knowledge, breach and deliberateness. The Respondents were served and negotiated settlement, so knowledge was established; Rogony admitted writing the letter revoking the Applicant's accounting officer rights, which the court found to be interference with his employment contrary to the restraining order.

p. 6
02

Variance between the prayers sought and the order extracted

Holding

The reference to 'City Manager' in the order, though the Applicant was Municipal Manager, is not a defence; Section 28 of the Urban Areas and Cities Act uses the two terms interchangeably and the Respondents knew the City position was unfilled

Reasoning

The Respondents argued contempt was impossible because the Applicant never occupied the office of City Manager. The court held that at the time the orders issued the City Manager position was unfilled, the Respondents knew this, and could not have been confused by the orders; the terms of the order were clear and unambiguous.

p. 5
03

Whether the forcible removal of the Applicant from office amounted to contempt

Holding

Not proved - the Applicant did not establish that the alleged contemnors carried out or sent the persons who evicted him

Reasoning

On the second alleged act of contempt, the court found that although the Respondents did not deny the Applicant was attacked and forced out of office, they denied responsibility, and the Applicant failed to prove the attackers were the contemnors or acting at their behest.

p. 5

Legal principles established

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  • To succeed in civil contempt proceedings, the applicant must prove the terms of the order, the respondent's knowledge of those terms, and failure to comply; the four elements must be proved beyond reasonable doubt.
  • Knowledge of the existence of court orders, rather than strict personal service, suffices for contempt proceedings.

Court orders

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  1. 1.A finding that the Respondents, through the actions of Micah Kipkosgei Rogony, CECM-Finance and Economic Planning, are guilty of disobeying the court orders issued on 26th November 2024
  2. 2.A finding that the Applicant did not prove the Respondents were responsible for his eviction or departure from office on 18th February 2025
  3. 3.The court to give a date for sentencing at the time of delivery of the ruling

Authorities

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Legislation

  • Public Finance Management Actsection 148
  • Urban Areas and Cities Actsection 28

Cases cited (2)

  • Samuel M. N. Mweru & Others v National Land Commission & 2 others
    [2020] eKLR
  • Shimmers Plaza Limited v National Bank of Kenya Limited
    [2015] eKLR
Jurisdiction invoked
Inherent powers of the Employment and Labour Relations Court to enforce its orders through contempt proceedings

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, "Koiyet v County Public Service Board Uasin Gishu & another (Petition E017 of 2024) [2025] KEELRC 1287 (KLR)", Case Analysis (2025). Application dated 27th February 2025 (arising from Petition regarding recruitment of City Manager, Eldoret). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/1287/eng@2025-05-02

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