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ELRCPartially AllowedNot stated in the judgment (Notice of Motion dated 16th January 2025)· [2025] KEELRC 2056 (KLR)

Kenya Plantation & Agricultural Workers Union v Solio Ranch Limited (Cause 7'A' of 2019) [2025] KEELRC 2056 (KLR)

Employment and Labour Relations Court
11 July 2025
2,099 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~8 min to read original · ~4 min brief

The bottom line

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A Kenyan employment court ruled that an employer who ignored an order to sign a union recognition agreement faces a personal jail summons, technicalities notwithstanding.

What this practically means

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Executive summary

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The Claimant/Applicant, a trade union represented by its Deputy General Secretary Thomas Kipkemboi, moved the Employment and Labour Relations Court at Nakuru by Notice of Motion dated 16th January 2025 seeking contempt sanctions against the Respondent's Human Resource & Administration Manager for failure to comply with a judgment delivered on 26th June 2024 by Nderitu J, which directed the Respondent to enter into and sign a recognition agreement with the union within 30 days. The Applicant sought a show-cause summons, committal to civil jail for up to six months, compulsion of the Respondent to execute the recognition agreement to enable negotiation of a Collective Bargaining Agreement, and police assistance in enforcement. The Respondent, through General Manager Kevin Carr-Hartley, opposed the application, contending that the Applicant had not complied with Rule 72(4) and (6) of the ELRC (Procedure) Rules 2024, had neither extracted nor served a decree endorsed with a penal notice, and that the application was premature and an abuse of process. The court applied the Hadkinson principle as adopted in Shimmers Plaza Ltd v National Bank of Kenya, that every person affected by a court order must obey it unless and until it is discharged, and held that the Respondent, aware of the order and having neither appealed nor sought to set it aside, had deliberately and in bad faith refused to comply. Invoking Article 159(2)(d) of the Constitution, the court declined to allow the cited procedural technicalities to defeat the application, found it had merit, allowed it as prayed, and directed that the Human Resource & Administration Manager be summoned to show cause on 23rd September 2025 why he should not be committed to civil jail. Judgment was delivered virtually at Nakuru on 11th July 2025 by Anna Ngibuini Mwaure J.

Key legal issues

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01

Whether contempt of court lies where the applicant has not extracted and served a decree with a penal notice

Holding

The court declined to defeat the contempt application on the procedural ground of non-extraction and non-service of a decree with penal notice, holding the Respondent was aware of the orders and deliberately disobeyed them

Reasoning

The Respondent argued, relying on Rule 72(4) and (6) of the ELRC (Procedure) Rules 2024 and authorities including Samuel M N Mweru and Nyamodi Ochieng Nyamogo, that contempt fails without an extracted decree endorsed with a penal notice and personally served. The court held that the Respondent was always aware of the orders of 26th June 2024, had neither appealed nor applied to set them aside, and deliberately failed to comply; invoking Article 159(2)(d), the court refused to allow such technicalities to defeat the application.

p. 5
02

Whether the Respondent wilfully disobeyed the judgment of 26th June 2024

Holding

Yes - the Respondent defied the court's directive to sign a recognition agreement within 30 days

Reasoning

Nderitu J had on 26th June 2024 directed the Respondent to enter into and sign a recognition agreement with the Claimant within 30 days. The Respondent did not comply, made no application to set aside the judgment and lodged no appeal. The Claimant had made formal follow-ups including service of the recognition agreement and an affidavit of service, but received no response. The court found the Respondent had not acted in good faith and had deliberately refused to obey the order.

p. 5

Legal principles established

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  • A judgment delivered by a competent court is binding and must be obeyed unless set aside or appealed against
  • Court orders must be obeyed notwithstanding alleged technical defects in enforcement steps, in line with the obligation in Hadkinson v Hadkinson as cited in Shimmers Plaza
  • Justice is administered without undue regard to procedural technicalities under Article 159(2)(d) of the Constitution

Court orders

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  1. 1.The Respondent's officer, the Human Resource & Administration Manager, is directed to be summoned before the court to show cause why he should be committed to a civil jail for blatantly failing to comply with the order issued on 26th June 2024
  2. 2.The said officer is summoned in court on 23rd September 2025

Authorities

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Legislation

  • Contempt of Court Actsections 4, 5 and 30
  • Judicature Act (Chapter 8, Laws of Kenya)section 5 (and section 5(1))
  • Civil Procedure Act (Chapter 21, Laws of Kenya)section 3A; section 1B
  • Employment and Labour Relations Court Actsection 13
  • Employment and Labour Relations Court (Procedure) Rules 2024Rule 72(4) and (6)
  • Constitution of Kenya 2010Article 159(2)(d); Article 48
  • Civil Procedure RulesOrder 21 Rule 1

Cases cited (11)

  • Samuel M N Mweru Others v National Land Commission and 2 others
    [2020] KEHC 9233 (KLR)
  • Nyamodi Ochieng Nyamogo & another v Kenya Posts & Telecommunications Corporation
    [1994] KECA 114 (KLR)
  • Mwangi H.C. Wang’ondu v Nairobi City Commission (UR)
  • Republic v Nairobi City County; Ojienda & Company Advocates (Exparte)
    [2024] KEHC 3734 (KLR)
  • Murata Farmers Savings & Credit Society Ltd v Mugama Farmers Co-operative Union
    [2004] eKLR
  • Shimmers Plaza Limited v National Bank of Kenya Limited
    [2015] KECA 945 (KLR)
  • Hadkinson v Hadkinson
    (1952) ALL ER 567
  • Chuck v Cremer
    (1 Coop. temp. Cott 342)
  • Refrigeration and Kitchen Utensils Ltd v Gulabchand Popatlal Shah & Another
    Civil Application No. 39 of 1990
  • Olive Mwihaki Mugenda & another v Okiya Omtata Okoiti & 4 others
    [2016] KECA 663 (KLR)
  • Rose Detho v Ratilal Autombiles & 6 Others
    Civil Application No. 304 of 2006 (171/2006UR)
Jurisdiction invoked
Sections 4, 5 and 30 of the Contempt of Court Act; section 5 of the Judicature Act (Chapter 8); section 3A of the Civil Procedure Act; section 13 of the Employment and Labour Relations Court Act; Article 159(2)(d) of the Constitution of Kenya 2010

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 Plantation & Agricultural Workers Union v Solio Ranch Limited (Cause 7'A' of 2019) [2025] KEELRC 2056 (KLR)", Case Analysis (2025). Not stated in the judgment (Notice of Motion dated 16th January 2025). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/2056/eng@2025-07-11

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