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ELRCDismissedNot stated in judgment· [2025] KEELRC 1647 (KLR)
Kioko v Technical University of Kenya & another (Employment and Labour Relations Petition E173 of 2024) [2025] KEELRC 1647 (KLR)
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·~7 min to read original · ~4 min briefThe bottom line
#What this practically means
#Executive summary
#The 2nd Respondent/Applicant, a trade union, filed a Notice of Motion dated 30th January 2025 seeking stay of the sentencing of its officials for contempt, review of the court's ruling of 22nd January 2025 to a finding of no contempt, and costs. The union argued that its officials lacked authority to reinstate the Petitioner to her position as National Vice Chairperson because the Annual Delegates Conference, exercising the union's sole implementation mandate, had voted her out in August 2024, and that reinstatement was impractical given members' disgruntlement and her arrears of union dues. The Petitioner/Respondent opposed, asserting continued disobedience of the court's orders and contending that the Secretary General, who runs the union and controls the ADC agenda, engineered the ratification of her expulsion in defiance of orders restraining expulsion. The court framed three issues: its mandate to review the 22nd January 2025 ruling; whether the July 2024 ruling barred expulsion in perpetuity; and the practicality of reinstatement. It rejected the union's claim of helplessness over the Delegates Conference, holding that the conference is an organ of the union and cannot act outside it, and found the assertion untenable and in contempt of the court's orders. The review did not arise and no ground justified delaying sentencing. The application was dismissed with costs on 4th June 2025.
Key legal issues
#01
Whether the court should review its 22nd January 2025 contempt ruling and stay sentencing
Holding
The application for review and stay of sentencing was declined; the 2nd Respondent was properly found in contempt.
Reasoning
The court held that the 2nd Respondent could not claim lack of capacity to comply because the National Delegates Conference is an organ of the union itself; delegates cannot act outside the union's organs. The orders of 26th July 2024 restraining expulsion were binding and served. No ground for review or stay was advanced, so sentencing would proceed.
p. 4
Legal principles established
#- A union cannot disclaim responsibility for the decisions of its own organs, such as the Annual Delegates Conference, which are part of the union's structures.
- Contempt of court proceedings exist to safeguard the rule of law in the administration of justice.
Court orders
#- 1.The application seeking stay of the sentencing of the contemnor is declined/dismissed
- 2.Costs of the application awarded to the Petitioner/Respondent
- Jurisdiction invoked
- Section 16 of the Employment and Labour Relations Court Act (jurisdiction to review its judgments, awards, orders and decrees)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kioko v Technical University of Kenya & another (Employment and Labour Relations Petition E173 of 2024) [2025] KEELRC 1647 (KLR)", Case Analysis (2025). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/1647/eng@2025-06-04
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.