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Case Brief · caselaw.co.ke
ELRCDismissedELRC Constitutional Petition No.10 of 2015· [2026] KEELRC 2649 (KLR)

Kenya County Government Workers Union & 30 Others v County Government of Nyeri & Nyeri County Public Service Board

Employment and Labour Relations Court of Kenya
25 September 2026
2,797 words in judgment
View original judgmentRead on Kenya Law Watch case
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·~11 min to read original · ~4 min brief

The bottom line

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A Kenyan court refused to jail Nyeri county officials for contempt because the union never named them, skipped a required certificate, and sought contempt too early.

What this practically means

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Executive summary

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This ruling of the Employment and Labour Relations Court at Nyeri (Stella Rutto J) disposes of a Notice of Motion dated 13th April 2026 in which 30 applicants, members of the Kenya County Government Workers Union and applicants in a 2015 constitutional petition, sought contempt findings and committal to civil jail of the County Secretary of the County Government of Nyeri and the Secretary of the Nyeri County Public Service Board for alleged disobedience of orders issued on 11th December 2015 restraining termination of their employment. The respondents replied through the County Secretary's affidavit, asserting that a joint taskforce including union officials formulated recommendations that were adopted, dues were calculated, budgeted and paid, and terminations were lawful, and challenging the applicants' locus standi and the particularisation of the alleged breach. The court framed a single issue: whether the application was merited. It found the application fatally defective on three grounds: the officers sought to be cited were not identified by name and were not parties to the proceedings; the applicants had not complied with Section 21 of the Government Proceedings Act by obtaining and serving a Certificate of Order against Government, the prescribed route for enforcing decrees against county governments; and contempt proceedings against the officers were premature because no judicial review proceedings seeking an order of mandamus compelling the officers to perform the duty had first been instituted, following Republic v Attorney General ex parte Koroso. The motion was disallowed with no orders as to costs.

Key legal issues

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01

Identification of alleged contemnors

Holding

Failure to name the officers sought to be cited, who are not parties to the proceedings, is fatal to the application

Reasoning

The application referred only to offices (County Secretary and Board Secretary) without naming the holders. Contempt proceedings are personal and carry serious consequences, so the alleged contemnors must be identified with sufficient particularity and served personally. The omission left the court unable to determine against whom the orders would operate.

p. 9
02

Statutory procedure for enforcement against a county government

Holding

Applicants did not obtain or serve a Certificate of Order against Government as required by Section 21 of the Government Proceedings Act

Reasoning

The 1st Respondent is a county government under Article 176 and the 2nd Respondent a statutory organ under Section 57 of the County Governments Act. Section 21(5) applies the certificate procedure to county governments. No evidence showed a certificate was obtained or served, so the enforcement process was procedurally defective.

p. 12
03

Correct process to compel public officers to comply with a decree

Holding

Mandamus in judicial review proceedings must precede contempt proceedings against the officers

Reasoning

Relying on Republic v Attorney General & Another, Ex parte James Alfred Koroso, the court held that personal liability for contempt arises only where officers are under a legal duty established through an order of mandamus. Since no mandamus had been sought or issued, the contempt application was premature.

p. 14

Legal principles established

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  • Applicants in contempt proceedings must clearly identify the alleged contemnors and serve them with the application and supporting documents
  • Enforcement of a decree against a county government is subject to the certificate-of-order procedure under Section 21 of the Government Proceedings Act
  • Contempt proceedings against public officers for non-compliance with a decree lie only after an order of mandamus compelling the duty, issued in judicial review proceedings, is disobeyed

Court orders

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  1. 1.Notice of Motion dated 13th April 2026 disallowed with no orders as to costs
Jurisdiction invoked
Employment and Labour Relations Court jurisdiction over the main petition; enforcement governed by Section 21 of the Government Proceedings Act

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 & 30 Others v County Government of Nyeri & Nyeri County Public Service Board", Case Analysis (2026). ELRC Constitutional Petition No.10 of 2015. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2026/2649/eng@2026-09-25

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