Kenya Union of Clinical Nurses v Kirinyaga County Public Service Board; Public Service Commission & another (Interested Parties) (Miscellaneous Application E002 of 2021) [2025] KEELRC 2369 (KLR)
The bottom line
#A Kenyan court struck out contempt proceedings against public officials, ruling that mandamus must be obtained first before anyone can be punished for the Government's failure to pay.
What this practically means
#Executive summary
#Questions the Court framed
#The issues the Court set itself to decide, in its own words.
- 1.whether the impugned motion is procedurally defective
Key legal issues
#Whether the motion to punish the respondent's officials for contempt is execution proceedings requiring compliance with section 21 of the Government Proceedings Act and Order 29 of the Civil Procedure Rules
The court held that although the motion is contempt proceedings rather than execution, it was premature because the mandatory judicial review/mandamus step had not been taken.
The court accepted Odunga J's holding in Koroso that contempt proceedings against a public officer are only available after mandamus has issued and been disobeyed. Since no judicial review proceedings had been instituted and no certificate of order against Government obtained, the motion was premature and procedurally defective, warranting striking out.
Legal principles established
#- Before a public officer may be cited for contempt for the Government's failure to comply with a decree, the applicant must first obtain an order of mandamus through judicial review proceedings compelling the officer to perform the duty.
- A public officer cannot be summoned to court and punished merely for the Government's failure to comply with a court decree.
Court orders
#- 1.Upheld the Respondent's Notice of Preliminary Objection dated 13th May 2025
- 2.Struck out the Applicant's Notice of Motion dated 20th March 2025
- 3.Costs of the motion to the Respondent
The bench
#One judgment of the whole court — no separate or dissenting opinions.
Wrote the judgment
- Jurisdiction invoked
- ELRC jurisdiction; motion founded on Article 159(2)(d) of the Constitution and section 4 of the Judicature Act
Quotable passages
#Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.
In the circumstances of this case, I must agree with the respondent that the application dated 20th March 2025 seeking to punish the two cited persons for contempt is premature and therefore procedurally defective.
It is not until the order of mandamus is obtained compelling the oficers to perform their public duty, and the oficer fails to perform the duty, that contempt proceedings can be initiated against the oficers.
Consequently, I must uphold the preliminary objection and strike the notice of motion dated 20th March 2025 with costs.
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kenya Union of Clinical Nurses v Kirinyaga County Public Service Board; Public Service Commission & another (Interested Parties) (Miscellaneous Application E002 of 2021) [2025] KEELRC 2369 (KLR)", Case Analysis (2025). Not stated in judgment (ruling relates to Notice of Preliminary Objection dated 13th May 2025 and Notice of Motion dated 20th March 2025). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/2369/eng@2025-08-13
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.