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ELRCDismissedELRCJR/E066 of 2024

Kamunyu v Safaricom PLC (Employment and Labour Relations Judicial Review E066 of 2024) [2025] KEELRC 1963 (KLR)

Employment and Labour Relations Court
2 July 2025
2,946 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~12 min to read original · ~4 min brief

The bottom line

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The Employment Court dismissed a former Safaricom employee's contempt claim, ruling that the company's later disciplinary process fell outside the scope of the court's clarified orders.

What this practically means

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Executive summary

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The Applicant, a former Safaricom PLC employee, filed a Notice of Motion dated 1st April 2025 seeking contempt findings against six named Safaricom executives - Peter Ndegwa (CEO), Florence Nyokabi (CHRO), Dilip Pal (CFO), Fred Waithaka, Peter Njioka and Nicholas Mulila - for disobeying conservatory orders issued on 12th March 2025 in the underlying judicial review application, which restrained the Respondent from intimidating, victimising or harassing the Applicant, including initiating multiple disciplinary processes. The Applicant complained that after the orders, the Respondent extended his suspension, issued a show cause letter with a 24-hour deadline to respond to a 195-page investigation report, denied him access to systems and colleagues, held a disciplinary hearing on 27th March 2025 and summarily dismissed him on 28th March 2025. He invoked Section 5 of the Judicature Act and relied on the three-element test for contempt from Republic v Principal Secretary, Ministry of Defence Ex Parte George Kariuki Waithaka. The Respondent, through a replying affidavit sworn by Peter Njioka, opposed the application, contending that the court had clarified on 14th March 2025 that the orders of 12th March 2025 were limited to the disciplinary proceedings of 18th November 2024 concerning the Applicant's conduct at the Safarilympics in Eldoret on 26th October 2024, and that the disciplinary proceedings leading to the dismissal related to the separate BTN contract matter. The Respondent also relied on Mwaniki v Registered Trustees of the Sisters of Mercy on the sub judice principle and MNN v JMM on the standard of proof for contempt. The court, Hellen Wasilwa J, found that having clarified the scope of the 12th March 2025 orders, the subsequent disciplinary proceedings were legitimate and not a breach. The application was found without merit and dismissed.

Questions the Court framed

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

  1. 1.Whether the Court issued clear, unambiguous orders binding on the Respondents
  2. 2.Whether the Respondents had knowledge of the orders
  3. 3.Whether the Respondents disobeyed the orders

Key legal issues

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01

Whether the Respondents' conduct amounted to contempt of the orders of 12th March 2025

Holding

The court held that the orders, as clarified on 14th March 2025, were limited to the disciplinary proceedings of 18th November 2024, and the subsequent proceedings related to the BTN contract were not barred; hence no contempt was established

Reasoning

The court considered the history of the orders: the 12th March 2025 orders were clarified by the court on 14th March 2025 to relate only to the proceedings of 18th November 2024 concerning the Applicant's conduct on 26th October 2024 during the Safarilympics. The disciplinary proceedings that led to dismissal on 28th March 2025 arose from the BTN contract matter, which was a separate issue. The court therefore found no disobedience of the clarified orders.

p. 6

Legal principles established

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  • A clarification by the court limiting prior conservatory orders to specific disciplinary proceedings means those orders cannot bar other legitimate disciplinary proceedings against the same employee

Court orders

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  1. 1.The Notice of Motion dated 1st April 2025 seeking contempt findings and committal orders against the named Safaricom officers was dismissed

The bench

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

majority

Wrote the judgment

Jurisdiction invoked
Section 5 of the Judicature Act, Chapter 8 of the Laws of Kenya

Relief refused

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Finding six Safaricom executives in contempt of the orders of 12th March 2025 and committing them to civil jail for up to six months or a fine, and compelling them to purge the contempt

The court had clarified on 14th March 2025 that the orders of 12th March 2025 were limited to the disciplinary proceedings of 18th November 2024, so the subsequent disciplinary proceedings relating to the BTN contract were legitimate and not in breach of the orders

p. 6

Costs

No costs order stated in the judgment.

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.

I therefore my finding that the action of the respondents was not in contempt of this court’s orders and therefore the application for contempt is found without merit and is therefore dismissed accordingly.
Dismissal of contempt application - final orders
I clarified that the orders of 12/3/25 were in relation to proceedings of 18/11/24. This could therefore not be a bar to any other legitimate disciplinary proceedings against the applicant.
p. 6Scope of the clarified conservatory orders

Issues in the judgment

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minor

The case title is not stated on the face of the judgment extract; the case number appears only as 'ELRCJR/E066 of 2024' referenced within the notice of motion seeking contempt of orders issued therein

minor

Costs of the application were sought in prayer 6 but the final orders do not record any costs decision

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, "Kamunyu v Safaricom PLC (Employment and Labour Relations Judicial Review E066 of 2024) [2025] KEELRC 1963 (KLR)", Case Analysis (2025). ELRCJR/E066 of 2024. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/1963/eng@2025-07-02

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