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ELRCStruck Out· [2025] KEELRC 2483 (KLR)

Jitegemee Sacco Society Limited v County Government of Mombasa (Employment and Labour Relations Petition E006 of 2022) [2025] KEELRC 2483 (KLR)

Employment and Labour Relations Court of Kenya (inferred from the nature of the petition and citations; not expressly printed in the excerpt)
18 September 2025
3,086 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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A Kenyan court struck out a contempt application seeking jailing of Mombasa county finance officials because the winner skipped the proper steps to enforce a judgment against government.

What this practically means

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Executive summary

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The Petitioner, a body representing retired employees, obtained judgment on 31st July 2023 (Hon. Justice Agnes Kituku Nzei) against the County Government of Mombasa and the C.E.C Finance and Economic Planning, awarding Kshs. 206,928,312 with an order of mandamus compelling payment within sixty days, plus interest and costs. After taxing costs at Kshs. 2,367,467 and failing to secure payment despite repeated demands, the Petitioner filed a Notice of Motion dated 18th June 2024 seeking a notice to show cause and committal to civil jail for six months of the 1st, 2nd and 3rd Affected Parties (the Chief Officer of Finance and Evans Oanda, C.E.M., Finance) for contempt of the 31st July 2023 orders, alleging a decree now standing at Kshs. 227,919,327.08. The Respondents opposed on grounds of lack of personal service, violation of the Government Proceedings Act and the Public Finance Management Act, and abuse of process. Ocharo Kebira J framed two issues: prematurity/impropriety of the application, and whether the orders sought could be granted. The court held that the disposal orders bound only the two Respondents; the Affected Parties were not parties and knowledge of the orders could not be presumed, rendering the Applicant's precedents on knowledge superseding personal service distinguishable. Applying the Egunza decision, the court held that contempt is not a mode of executing decrees; a decree against a government is enforced through a certificate of order against the government and a mandamus served on and disobeyed by the accounting officer, none of which the Applicant demonstrated. The application was struck out as premature and improperly presented. No costs order was made.

Key legal issues

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01

Whether contempt proceedings could be brought against the Affected Parties who were not parties to the petition

Holding

No. The Affected Parties were neither parties to the petition nor represented by counsel in it, and knowledge of the disposal orders could not be presumed; the precedents on knowledge superseding personal service were distinguishable.

Reasoning

The disposal orders of the judgment of 31st July 2023 bound only the two Respondents. To bind non-parties required a court order making them subject to the judgment. The court rejected the suggestion that counsel for the Respondents also represented the Affected Parties, and held that the authorities cited by the Applicant on knowledge of orders were distinguishable and irrelevant.

p. 6
02

Whether the contempt application was premature and improperly brought

Holding

Yes. The proper route is enforcement of the decree via a certificate of order against the Government and a mandamus compelling the accounting officer, which must be obtained, served and disobeyed before contempt proceedings can be initiated.

Reasoning

Relying on the Egunza decision, the court held that although a mandamus had been granted in the judgment, contempt is not a mode of executing decrees; contempt can only crystallise after the mandamus is obtained, served and disobeyed. The Applicant did not demonstrate that a certificate of order against the Government was obtained, served and disobeyed.

p. 6
03

Whether the orders sought in the application can be granted

Holding

No; the application was struck out as premature and improperly presented.

Reasoning

Since the application failed on both prematurity and impropriety, and the prerequisites for contempt against a government accounting officer had not been established, the court could not grant committal or any other contempt sanction.

p. 6

Legal principles established

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  • Contempt proceedings are not a recognised mode of executing a decree; execution of decrees against a government requires a certificate of order against the government and a mandamus compelling the accounting officer, which must be obtained, served and disobeyed before contempt can arise.
  • Persons who were not parties to proceedings cannot be held liable under the disposal orders of the judgment without a court order binding them to it.
  • Issuance and service of a certificate of order against the Government, and its dishonour, are prerequisites to enforcing a monetary decree against a government.

Court orders

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  1. 1.The Applicant's Notice of Motion dated 18th June 2024 is struck out as premature and improperly presented

Authorities

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Legislation

  • Judicature Act, Cap 8 Laws of KenyaSection 5(1)
  • Civil Procedure ActSections 1A, 1B, 3A, 63
  • Civil Procedure Rules, 1999 (Supreme Court of England)Part 81.4
  • Government Proceedings ActSections 21(1), 21(2), 21(3), 21(4)
  • Public Finance Management ActNot specified
  • County Government ActNot specified

Cases cited (7)

  • Africa Management Communication International Ltd v Joseph Mathenge Mugo & Another
    [2013] eKLR
  • Basil Criftcos v Attorney General & 9 others
    [2012] eKLR
  • Republic v Kenya School of Law & 2 others ex parte Juliet Wanjiru & 5 others
    [2015] eKLR
  • Refrigerator & Kitchen Utensils Ltd v Gulabchand Shah & others
    Civil Application No. Nai 39 of 1990
  • Wildlife Lodges Ltd v County Council of Narok & Another
    [2005] 2 EA 344
  • Mwaka v County Government of Machakos; Mutie & another [Contemnor]
    [Miscellaneous Application E012 of 2021] [2023] KEELRC 13021 [KLR] [14 October 2023]
  • Republic v Permanent Secretary, Ministry of State for Provincial Administration and Internal Security exparte Fredrick Manoah Egunza
    [2012] eKLR
Jurisdiction invoked
Section 5(1) of the Judicature Act Cap 8 Laws of Kenya; Sections 1A, 1B, 3A and 63 of the Civil Procedure Act (invoked in the application)

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, "Jitegemee Sacco Society Limited v County Government of Mombasa (Employment and Labour Relations Petition E006 of 2022) [2025] KEELRC 2483 (KLR)", Case Analysis (2025). . Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/2483/eng@2025-09-18

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