Josphat Cosmas Onyango v Tribe Hotel Ltd [2017] KEELRC 1286 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 1286
- Citation
- [2017] KEELRC 1286 (KLR)
- Decided
- 6 April 2017
The Employment and Labour Relations Court finds the Respondent, its officers, directors, and human resource manager in contempt of Court orders issued on May 5, 2016, and September 20, 2016.
Facts
The Claimant, Joseph Cosmas Onyango, was sent on leave by the Respondent, Tribe Hotel Ltd, on May 5, 2016, and September 20, 2016. Despite this, the Respondent did not pay his due salaries and allowances, which included school fees for his children.
Issues
- Contempt of Court
- Obedience to Court Orders
Reasoning
The Court held that disobeying Court orders is a serious offense that undermines the rule of law and good order in society. The Respondent's failure to comply with the Court's orders to pay the Claimant's due salaries and allowances is a direct affront to justice.
Outcome
The Respondent and its officers, directors, and human resource manager are found in contempt of Court.
Orders
- Sanction the Respondent with jail terms to ensure compliance with Court orders
Remedies
- Sanction the Respondent with jail terms to ensure compliance with Court orders
Authorities cited
Legislation (3)
- Civil Procedure Act
- Contempt of Court Act
- Employment and Labour Relations Court Act
Cases cited (1)
- Teachers Service Commission v Kenya National Union of Teachers & 2 Others [2013] KLR
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