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IndustrialPartially AllowedChamber Summons dated 5th June 2012· [2012] KEIC 15 (KLR)

Nzioki & 7 others v St Mary’s Mission Hospital & 3 others (Cause 538 of 2011) (Employment and Labour) [2012] KEIC 15 (KLR)

Industrial Court of Kenya
2 August 2012
1,613 words in judgment
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The bottom line

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Kenya's Industrial Court jailed two officials for one month each for ignoring a court order, confirming that anyone defying court orders can be punished.

What this practically means

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Executive summary

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This was a committal application by Chamber Summons dated 5th June 2012, brought under Section 5 of the Judicature Act Cap 8 and Order 52 Rule 2 of the Rules of the Supreme Court of England, in which Mrs. Wambugu for the 1st to 8th Claimants sought orders of committal against the 2nd, 3rd and 4th Respondents for disobeying orders issued by the court on 27th April 2012 directing that the Claimants be allowed to return to work. Counsel for the Claimants relied on Attorney General v. Times Newspapers Ltd and Wildlife Lodges Ltd v. County Council of Narok, submitting that the orders were unambiguous, had been served, and had been blatantly ignored. The 2nd to 4th Respondents, through Mr. Mindo, contended they had not interfered with the Claimants' return, while the 1st Respondent blamed the individual Respondents and offered an undertaking to resolve the impasse. An adjournment to allow settlement failed when no conciliation was reached. The Court held that the power to punish for contempt is conferred by Section 5 of the Judicature Act; that anyone who knowingly impedes the administration of justice is liable whether or not named in the order; that service on a party's solicitor suffices to found committal; and that contempt must be proved beyond reasonable doubt. The 2nd and 3rd Respondents, having deposed to knowledge of the order, were found guilty beyond reasonable doubt and each committed for one month. The application against the 4th Respondent, who played only a minimal delivery role, failed. The Claimants were awarded costs as they substantially succeeded.

Key legal issues

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01

Power to punish for contempt and its source in Kenyan law

Holding

The power to punish for contempt derives from Section 5 of the Judicature Act Cap 8, which confers the same power as the High Court of Justice in England, extending to upholding the authority and dignity of subordinate courts

Reasoning

The Court traced the statutory basis of contempt jurisdiction to the Judicature Act and relied on the locus classicus Attorney General v. Times Newspapers Ltd, holding that even a person not named in an order or not a party to the proceedings may be guilty of contempt for knowingly impeding the administration of justice.

p. 3
02

Sufficiency of service of the order

Holding

Service on a party's solicitor is sufficient to found an application for committal, and the Respondents' affidavits admitted knowledge of the order notwithstanding vague or denied service

Reasoning

Applying Order 24 of the Rules of the Supreme Court, the Court found service effected. The 2nd Respondent deposed to knowledge of the order; the 3rd Respondent admitted ignoring it. Such admissions of knowledge, not technical service, founded the committal applications.

p. 3
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Guilt of the 2nd and 3rd Respondents

Holding

The 2nd and 3rd Respondents were guilty beyond reasonable doubt of contempt and each was committed for one month

Reasoning

The Court found the order of 27th April 2012 had been disobeyed and blatantly ignored. The 2nd Respondent deposed to knowledge of the order; the 3rd Respondent attempted to deny proper service yet admitted opting to ignore the order. The submission that staff members opposed the Claimants' return to work was itself an admission of contempt by others.

p. 4
04

Liability of the 4th Respondent

Holding

The application for committal against the 4th Respondent failed as his role was minimal

Reasoning

The 4th Respondent merely delivered letters, was not involved in managing the 1st Respondent's facilities, and was not cited as part of the mob that chased the nuns from the facilities; an administration policeman manned the gate, not him.

p. 4

Legal principles established

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  • Anyone who knowingly impedes or interferes with the administration of justice is guilty of contempt whether or not named in the order
  • Contempt must be proved beyond reasonable doubt before the wide power to punish is exercised
  • Court orders must be obeyed regardless of whether the contemnor approves of them; redress lies in appeal or review

Court orders

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  1. 1.The Orders of the Court made on 27th April 2012 MUST be obeyed and it matters not if the contemnor is named as a party or not
  2. 2.An order of committal of the 2nd Respondent, Dr. Marangu Rucha, for one month
  3. 3.An order of committal of the 3rd Respondent, Mr. Walter Konya, for one month for contempt of court
  4. 4.The Claimants awarded the costs of the Application

Authorities

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Legislation

  • Judicature Act Cap 8, Laws of KenyaSection 5(1)
  • Rules of the Supreme Court of England (Order 52 Rule 2)Order 52 Rule 2
  • Rules of the Supreme CourtOrder 24

Cases cited (2)

  • Attorney General v. Times Newspapers Ltd and Another
    [1991] 2 All ER 398
  • Wildlife Lodges Ltd. v. County Council of Narok and Another
    [2005] EA 344
Jurisdiction invoked
Section 5 of the Judicature Act Cap 8, Laws of Kenya, and Order 52 Rule 2 of the Rules of the Supreme Court of England

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, "Nzioki & 7 others v St Mary’s Mission Hospital & 3 others (Cause 538 of 2011)  (Employment and Labour) [2012] KEIC 15 (KLR)", Case Analysis (2012). Chamber Summons dated 5th June 2012. Source: https://new.kenyalaw.org/akn/ke/judgment/keic/2012/15/eng@2012-08-02

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