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ELRCDismissedNot stated in judgment· [2025] KEELRC 2009 (KLR)

Machangi v County Government of Nyandarua & 2 others (Miscellaneous Application E131 of 2021) [2025] KEELRC 2009 (KLR)

Employment and Labour Relations Court
9 July 2025
HWHellen Wasilwa
1,860 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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You cannot use a contempt of court application to collect money a Kenyan court or arbitrator has never actually awarded you.

What this practically means

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Executive summary

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The Applicant moved the court by Notice of Motion dated 2nd December 2024 seeking personal summonses against the County Secretary and Head of Public Service (Frank Kanja Muchina) and the CECM for Finance (Mary Kamande), a notice to show cause for outstanding arrears of Kshs. 8,135,517, a warrant of arrest for disobedience of court orders, and costs. He alleged the Respondents refused to comply with court orders for his salary. The Respondents, through the County Attorney Joseph Gatore, opposed the application, deposing that the orders of 17th August 2021 were set aside on 10th February 2022; that on 18th August 2022 the court ordered payment of Kshs. 641,610 which was duly paid (net Kshs. 471,976.95); and that all other prayers were referred to arbitration. Arbitration was initiated before a sole arbitrator, Evans Lagat FCIArb, but stalled owing to the Applicant's refusal to fix a preliminary meeting. The Respondents argued the application was an abuse of process, filed without leave while arbitration was ongoing and sought payment never adjudicated. The court reviewed its prior rulings and held that since arbitration had not proceeded and the sums sought were undetermined either by arbitration or by the court, the enforcement application could not be granted. The application was dismissed with costs in the application.

Key legal issues

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01

Enforcement of orders for payment directed to arbitration

Holding

The application was unmerited because the amounts sought had been directed to arbitration and no final determination had been made.

Reasoning

The court traced its own prior rulings: orders of 17/8/2021 were set aside on 10/2/2022; on 18/8/2022 the court ordered payment of Kshs. 641,610 and directed all other prayers to arbitration. The arbitration never proceeded, and the Applicant sought to enforce payments not adjudicated anywhere. The court therefore declined to issue show-cause, summons or arrest orders and dismissed the motion.

p. 4
02

Whether the Respondents complied with the order of 18th August 2022

Holding

The Respondents contended, and the record reflects, that they paid the ordered sum of Kshs. 641,610 less statutory deductions (net Kshs. 471,976.95); no contempt finding was made on that head.

Reasoning

The Respondents' replying affidavit swore by the County Attorney Joseph Gatore deposed to compliance with the 18th August 2022 order by paying the Applicant the sum of Kshs. 641,610 less statutory deductions, leaving a net of Kshs. 471,976.95. The court did not find any wilful disobedience of that subsisting order.

p. 2

Legal principles established

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  • A party cannot, through a contempt application, enforce payment of sums that have not been determined either in court or in arbitration proceedings to which the court referred the dispute.

Court orders

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  1. 1.The application dated 2nd December 2024 is dismissed
  2. 2.Costs in the application
Jurisdiction invoked
Employment and Labour Relations Court jurisdiction over the employment dispute and enforcement of its own orders; Contempt of Court Act, sections 4 and 27 invoked by the Applicant

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, "Machangi v County Government of Nyandarua & 2 others (Miscellaneous Application E131 of 2021) [2025] KEELRC 2009 (KLR)", Case Analysis (2025). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/2009/eng@2025-07-09

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