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ELRCPartially AllowedPetition No E017 of 2024· [2025] KEELRC 2711 (KLR)

Koiyet v County Public Service Board Uasin Gishu & another (Petition E017 of 2024) [2025] KEELRC 2711 (KLR)

Not expressly named in the judgment (first-instance petition before a Judge)
3 October 2025
MOM. ONYANGO
2,500 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~10 min to read original · ~4 min brief

The bottom line

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A Kenyan court discharged three Eldoret county officials from contempt after they reinstated the victim and apologised, showing genuine corrective action matters more than punishment.

What this practically means

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Executive summary

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This ruling determines the Contemnors' application dated 9th May 2025 in which Micah Kipkoech Rogony (CECM-Finance and Economic Planning), Ambrose Tarus (former Acting County Secretary) and Silah K. Ronoh (Secretary, County Public Service Board) sought to be deemed to have purged contempt of the court orders of 26th November 2024, which had restrained interference with the Petitioner's position as City Manager of the City of Eldoret. The Contemnors relied on affidavits of apology and on a letter dated 5th May 2025 reinstating the Petitioner's rights as an accounting officer, withdrawing the earlier letter of 17th January 2025 which had revoked those rights in violation of the orders. The Petitioner opposed, contending that the apology was neither genuine nor accompanied by timely action, that the reinstatement letter was never served on him, that the record contains discrepancies as to the date of the offending decision, and that an acting City Manager had been appointed contrary to the express terms of the order. The court framed a single issue: whether the Contemnors had purged their contempt. Applying Rose Detho v Ratilal Automobiles and Directline Assurance v Jamii Bora Bank, the court found the Contemnors had expressed remorse and reinstated the Petitioner's rights, and that punishing them after the purge would not serve the ends of justice, contempt proceedings being aimed at upholding judicial authority rather than punishment. The application was allowed: the Contemnors were found to have purged the contempt and were discharged, with no orders as to costs.

Key legal issues

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01

Whether the Contemnors purged the contempt of the orders of 26th November 2024

Holding

The court found that the contempt was purged: the Contemnors apologised, expressed remorse, and reinstated the Petitioner's rights as accounting officer by letter dated 5th May 2025

Reasoning

The court noted the Respondents' letter of 17th January 2025 revoking the Petitioner's rights as accounting officer was in total disregard of the orders, but found that the subsequent apology, the reinstatement letter of 5th May 2025, and expressions of remorse amounted to an effective purge. Relying on Rose Detho and Directline Assurance, the court held that punishing contemnors who have already purged contempt and shown remorse would not serve the ends of justice, contempt proceedings being directed at upholding judicial authority rather than punishment.

p. 5

Legal principles established

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  • Purging contempt requires atoning for or wiping out the offence and putting right what the court had ordered to be done, not a mere apology
  • The purpose of contempt proceedings is not merely punitive but to uphold the authority of the court and secure compliance with its orders
  • A court will accept a purge of contempt unless circumstances suggest it is not genuine, done in bad faith, or is a continuation of the original contempt

Court orders

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  1. 1.The court finds that the Contemnors, Micah Kipkoech Rogony, Silah K. Ronoh and Ambrose Tarus have purged the contempt of court orders delivered on 26th November 2024 and are thus hereby discharged
  2. 2.There shall be no orders as to costs

Authorities

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Legislation

  • Public Finance Management Act2012

Cases cited (10)

  • Fred Matiangi, the Cabinet Secretary, Ministry of Interior and Coordination of National Government v Miguna Miguna & 4 others
  • Patrice Thlopane Mosepe v Francis Gaitho (2022) eKLR
    (2022) eKLR
  • Law Society of Kenya & 3 others v Inspector General of Police & 4 others
    (Petition E436 of 2024) (2024) KEHC 10995 (KLR)
  • Guard Force Group Limited v Public Procurement Administrative Review Board
    MSA High Court Judicial Review No. 32 of 2020
  • Republic v Principal Secretary, Ministry of Defence & Another: Ex parte George Kariuki Waithaka
    (2021) eKLR
  • Teachers Service Commission v Kenya National Union of Teachers & 2 others
    (2013) KEELRC 656 (KLR)
  • Kenya Tea Growers Association v Francis Atwoli & 5 Others
    (2012) eKLR
  • Econet Wireless Ltd v Minister for Information & Communication of Kenya & Another
    [2005] eKLR
  • Rose Detho vs Ratilal Automobiles Ltd & 6 others
    [2007] eKLR
  • Directline Assurance Company Limited v Jamii Bora Bank Limited & 5 Others
    (2015) KEHC 8316 (KLR)
Jurisdiction invoked
Inherent jurisdiction of the court in contempt proceedings (as argued by the Contemnors); not expressly cited in the judgment

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, "Koiyet v County Public Service Board Uasin Gishu & another (Petition E017 of 2024) [2025] KEELRC 2711 (KLR)", Case Analysis (2025). Petition No E017 of 2024. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/2711/eng@2025-10-03

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