Elpa John Esekon v County Government of Turkana & another [2017] KEELRC 319 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 319
- Citation
- [2017] KEELRC 319 (KLR)
- Decided
- 15 November 2017
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeContempt of CourtPostureApplication for Contempt of CourtCoramD. K. N. Marete
Holding
The application is dismissed with each party bearing their own costs.
Facts
The claimant, Elpa John Esekon, filed an application against the County Government of Turkana and another (2nd respondent) for contempt of court. The 2nd respondent, Ektuan Wonyang Paul, was ordered to show cause why he should not be committed to civil jail for 2 years and have his properties ascertained and attached for disobedience.
Issues
- Whether the respondent should be committed to civil jail for 2 years and have his properties ascertained and attached for disobedience.
- Procedure and form in an application for contempt of court.
Reasoning
The court found that the respondent's case was overwhelming, and strict compliance with the rules of procedure must be had. The application contradicts basic tenets of a case of contempt of court and its sentence infringes on the liberty of the contemnor.
Outcome
Dismissed
Orders
- Each party bears their own costs of the application.
Authorities cited
Cases cited (2)
- Thuo and 1 other (2013) eKLR
- Felistus Muliro Nanjala vs. Robert Koech and 2 Others (2016) eKLR
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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