Wilson K C Shollei v Independent Electoral & Boundaries Commission [2015] KEELRC 394 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 394
- Citation
- [2015] KEELRC 394 (KLR)
Summary at a glance
TypeContempt of CourtPostureRespondent's Motion for ContemptCoramHON. LADY JUSTICE HELLEN WASILWA
The application against the Respondents is dismissed with costs, and the would-be contempt is purged.
Facts
Claimant was terminated by Respondent, but an order by Hon. Lady Justice Maureen Onyango declared the termination null and void and ordered reinstatement. Respondent did not comply with the order.
Issues
- Whether the order was served on Respondents
- Whether Respondents committed any acts of contempt or disagreed to the order
- What orders to give in the circumstances
Reasoning
The administrative functions of the Commission do not include the constitutional mandate to oversee referenda and elections. The Ag. Chief Executive Officer was in office and had the duty to ensure compliance with the court order.
Outcome
Application dismissed
Orders
- Application dismissed with costs
- Would-be contempt purged
Remedies
- Claimant paid withheld salary and promised to receive 1/2 salary until further order
Authorities cited
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