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Kenya County Government Workers Union v County Government of Machakos & another (Petition 23 of 2017) [2025] KEELRC 2984 (KLR)

Employment and Labour Relations Court
30 October 2025
RSRADIDO STEPHEN
278 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~1 min to read original · ~4 min brief

The bottom line

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Two Machakos county officials were sentenced to three months in jail for ignoring a court judgment, though paying the owed money can shorten the sentence.

What this practically means

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Executive summary

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This sentencing ruling by the Employment and Labour Relations Court follows a Ruling delivered on 12 June 2025 in which the Court found the County Secretary, County Government of Machakos and the Chairperson of the County Public Service Board, Machakos guilty of contempt of court, and directed that summons issue for them to attend Court on 22 September 2025 for mitigation and sentencing in respect of an unsatisfied judgment delivered on 19 June 2020. When the matter was called out on 22 September 2025, a Mr Mutua introduced himself as advocate for the contemnors and sought leave for them to settle the decretal sums in two instalments, but counsel for the Petitioners pointed out that he had not formally placed himself on the record. The Court directed the contemnors to file and serve responses and submissions within seven days. Mr Mutua never placed himself on record and no responses or submissions in mitigation were filed. The Court observed that the record showed the judgment of 19 June 2020 remained unsatisfied, that the contemnors failed to utilise the opportunity granted to them to mitigate, and that nothing suggested any payments had been made after 22 September 2025. The Court accordingly sentenced each contemnor to three months' imprisonment or such shorter term as would apply once the decretal sums were settled, and awarded costs to the Petitioners. The judgment was delivered virtually, dated and signed in Nairobi on 30 October 2025 by Radido Stephen, Judge.

Questions the Court framed

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The issues the Court set itself to decide, in its own words.

  1. 1.Whether the contemnors had satisfied the judgment of 19 June 2020 or mitigated before sentencing
  2. 2.What sentence to impose on the contemnors

Key legal issues

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Sentencing for contempt of court

Holding

Each contemnor sentenced to 3 months imprisonment, commutable to a shorter term upon settlement of the decretal sums

Reasoning

The Court had found the County Secretary and the Board Chairperson guilty of contempt in a Ruling of 12 June 2025 and directed summons for mitigation and sentencing. At the hearing on 22 September 2025 an advocate who had not placed himself on record sought instalment payments, but no responses, submissions or payments were ever filed. The record showed the judgment of 19 June 2020 remained unsatisfied and the mitigation opportunity was not utilised, warranting a custodial sentence.

p. 2

Legal principles established

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  • A contemnor who fails to satisfy the decree and fails to utilise an opportunity to mitigate may be sentenced to imprisonment, with a shorter term upon settling the decretal sums

Court orders

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  1. 1.County Secretary, County Government of Machakos and Chairperson, County Public Service Board, Machakos sentenced to 3 months imprisonment each or such shorter term as when the decretal sums would have been settled
  2. 2.Petitioners to have costs

The bench

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One judgment of the whole court — no separate or dissenting opinions.

RS
majority

Wrote the judgment

Jurisdiction invoked
Contempt of court jurisdiction following the Court's Ruling of 12 June 2025 finding the Respondents guilty of contempt

Relief refused

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Respondents' request (through Mr Mutua) to settle decretal sums in 2 instalments and to mitigate

Mr Mutua never formally placed himself on record and no responses, submissions or payments were filed or made

p. 2

Costs

The Petitioners to have costs.

Quotable passages

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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 light of the above, the County Secretary, County Government of Machakos and the Chairperson, County Public Service Board, Machakos are sentenced to 3 months imprisonment each or such shorter term as when the decretal sums would have been settled.
p. 2Sentencing for contempt
The record shows that the Respondents/contemnors have not satisfied the judgment delivered on 19 June 2020. The contemnors failed to utilise the opportunity granted them to mitigate.
p. 2Failure to mitigate and satisfy decree

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 County Government Workers Union v County Government of Machakos & another (Petition 23 of 2017) [2025] KEELRC 2984 (KLR)", Case Analysis (2025). . Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/2984/eng@2025-10-30

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