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ELRCPartially AllowedNot stated in the judgment

Kenya County Government Workers Union v County Government of Machakos & another (Petition 23 of 2017) [2025] KEELRC 1693 (KLR)

Employment and Labour Relations Court
12 June 2025
912 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~4 min to read original · ~4 min brief

The bottom line

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Machakos County officials must personally explain in court why a five-year-old judgment owed to 157 former workers remains unpaid.

What this practically means

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Executive summary

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In a judgment delivered on 19 June 2020, Radido Stephen, J found that the County Government of Machakos and the County Public Service Board, Machakos had unfairly terminated the employment of 157 members of the Kenya County Government Workers Union and breached their contracts. The court ordered payment of one month's salary in lieu of notice and damages of Kshs 50,000 per Grievant, to be computed and paid within 60 days. The Respondents did not comply, and on 24 March 2025 the Union filed a Motion seeking leave for James Oketch & Co. Advocates to come on record after judgment, and that four county officials (the Governor, County Secretary, Board Chair and Head of the Board) be summoned to show cause why they should not be cited for contempt and committed to civil jail for up to six months. The Respondents did not file responses, and their advocate was granted leave to cease acting. The court found the Respondents were aware of the judgment (their advocate was present at delivery and secured a 30-day stay), that negotiations had occurred, and that no material showed compliance; it concluded there was wilful disobedience of the judgment. However, because the Union did not explain the role of each of the four cited officials, the court limited the summons to the County Secretary and the Chairperson of the County Public Service Board, who are to personally appear to show cause on a date to be set. Costs of the Motion were awarded in the cause.

Questions the Court framed

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

  1. 1.Whether leave should be granted to the firm of James Oketch & Co. Advocates to come on record for the Union after judgment
  2. 2.Whether the Respondents were in contempt of the judgment of 19 June 2020
  3. 3.Whether the four named officers of the Respondents should be summoned to show cause why they should not be cited for contempt and committed to civil jail

Key legal issues

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01

Whether the Respondents were in contempt of the judgment of 19 June 2020

Holding

Yes - the Respondents were aware of the judgment, which set compliance timelines, and there was no material on record showing compliance, amounting to wilful disobedience.

Reasoning

The judgment of 19 June 2020 decreed payment within 60 days of one month's salary in lieu of notice and damages of Kshs 50,000 to each of 157 Grievants. The Respondents' advocate was present at delivery and secured a 30-day stay, showing knowledge. The Union engaged in negotiations and wrote several letters. With no material on record suggesting compliance, the court concluded there was wilful disobedience of the judgment.

p. 3
02

Which officers should be summoned to show cause for contempt

Holding

Only the County Secretary and the Chair of the County Public Service Board, because the Union did not explain the role of each of the four cited officials.

Reasoning

The Union sought to cite the Governor, County Secretary, Board Chair and Head of the Board, but did not explain each official's role in settling the decree. Absent that explanation, the court limited the show-cause summons to the County Secretary and Board Chair, directing their personal appearance on a date to be set.

p. 3
03

Whether a new advocate could come on record after judgment

Holding

Yes - leave granted since a party may choose its advocate and the prayer was unopposed.

Reasoning

The court reaffirmed the right to representation by an advocate of choice. The change from Brian Otieno & Co. Advocates to James Oketch & Co. Advocates was not opposed, so leave was granted as a matter of course.

p. 3

Legal principles established

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  • A party has the right to be represented by an advocate of choice, and unopposed leave for a new firm to come on record after judgment will be granted.
  • Awareness of a judgment, non-compliance with its timelines, and absence of any material showing compliance establish wilful disobedience warranting show-cause summons.
  • A party seeking to cite officials for contempt must explain the role of each official in the non-compliance.

Court orders

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  1. 1.Leave granted to the firm of James Oketch & Co. Advocates to come on record for the Union after judgment
  2. 2.Summons to issue to the County Secretary and Chairperson of the County Public Service Board to personally appear in Court on a date to be set hereinafter to show cause
  3. 3.Costs of the Motion in the cause

The bench

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

majority

Wrote the judgment

Jurisdiction invoked
Enforcement/contempt jurisdiction of the Employment and Labour Relations Court over non-compliance with its own judgment of 19 June 2020

Relief refused

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Summons to the Governor of Machakos County and the Head of the County Public Service Board

The Union did not explain the role of each named official in the settlement of the judgment; only the County Secretary and the Board Chair were directed to appear.

p. 3

Immediate committal of the officers to civil jail for six months

The court issued show-cause summons instead; committal was to be determined after the officers appear and show cause.

p. 3

Costs

Costs of the Motion in the cause.

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.

Summons to issue to the County Secretary and Chairperson of the County Public Service Board to personally appear in Court on a date to be set hereinafter to show cause.
p. 3Final orders - show-cause summons
The Court concludes that there has been wilful disobedience with the judgment of the Court.
p. 3Contempt finding
A party has a right to be represented by an advocate of choice
p. 3Right to advocate of choice
Costs of the Motion in the cause.
p. 3Costs

Issues in the judgment

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minor

The Respondents' advocate filed a Summons to cease acting, which was allowed on 21 May 2025, yet the judgment's appearances section still lists 'For Respondents did not file responses'; the case number of the underlying 2020 judgment and this Motion are not stated.

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, "Kenya County Government Workers Union v County Government of Machakos & another (Petition 23 of 2017) [2025] KEELRC 1693 (KLR)", Case Analysis (2025). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/1693/eng@2025-06-12

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