Zakayo & 3 others v Kitui County Public Service Board & 2 others; Kitui County Assembly (Interested Party) (Petition E212 of 2022) [2023] KEELRC 1471 (KLR) (9 June 2023) (Ruling) Neutral citation: [2023] KEELRC 1471 (KLR) REPUBLIC OF KENYA IN THE EMPLOYMENT AND LABOUR RELATIONS COURT AT NAIROBI PETITION E212 OF 2022 NJ ABUODHA, J JUNE 9, 2023 BETWEEN GODFREY KIMANZI ZAKAYO ..................................................... 1ST PETITIONER GEOFFREY MULINGE CHANGANGU ....................................... 2ND PETITIONER ENOCK KIMANZI NGUTHU ....................................................... 3RD PETITIONER JOSEPH KIMANGA MUTUA ........................................................ 4TH PETITIONER AND KITUI COUNTY PUBLIC SERVICE BOARD ........................... 1ST RESPONDENT COUNTY GOVERNMENT OF KITUI ...................................... 2ND RESPONDENT THE GOVERNOR OF THE COUNTY GOVERNMENT OF KITUI .............................................................................................. 3RD RESPONDENT AND THE KITUI COUNTY ASSEMBLY ....................................... INTERESTED PARTY RULING 1. On December 19, 2022 the court extended interim orders issued on December 13, 2022 except the Junior Chief Oficers whose positions were preserved pending the hearing and disposal of the petition herein. 2. The above position has not been denied by the petitioners and has further been confirmed by the respondents. The court has perused the application for contempt and the supporting afidavit and documents but has not been able to come across any suficient evidence to demonstrate that the respondents filled the four reserved positions. https://new.kenyalaw.org/akn/ke/judgment/keelrc/2023/1471/eng@2023-06-09 1
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3. Contempt is a very serious accusation and ought to be premised on clear and suficient evidence. None has been provided in this particular case. The court will therefore not delve deeper in the matter and take cognisant of the fact that the petition herein was brought under certificate of urgency. It involves employment of the petitioners and whether they should continue in employment or with the respondent is also concerned that it should fill the positions, the four respondents are occupying if a decision be reached that the petitioners contracts expired and were not renewed. 4. There is therefore need to fastrack and conclude the position. 5. The court will therefore declare the application for contempt unmerited and proceed to dispose of the position. It is so ordered. DATED, SIGNED AND DELIVERED VIRTUALLY AT NAIROBI ON THIS 9TH DAY OF JUNE, 2023 ABUODHA J. N. Judge In the presence of:………………………………………for the Claimant …………………………………………for the Respondent https://new.kenyalaw.org/akn/ke/judgment/keelrc/2023/1471/eng@2023-06-09 2
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