Kenya Union of Clinical Officers v Chairman, Council of Governors & 3 others; Ministry of Labour and Social Protection & another (Interested Parties); Ongwari James Elvis & 15 others (Contemnors) [2022] KEELRC 1070 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 1070
- Citation
- [2022] KEELRC 1070 (KLR)
- Decided
- 18 January 2022
The Court found the contemnors guilty of contempt and ordered them to be punished and committed to civil jail for a period not exceeding six months.
Facts
The Applicant, Kenya Union of Clinical Officers, filed applications against 16 contemnors for contempt of court orders made on 22 February 2021. The orders were related to a strike by health workers in Kisii County. The health workers were dismissed for non-compliance with the court orders.
Issues
- Whether the contemnors are guilty of contempt
- Whether the Applicant is entitled to the orders sought
Reasoning
The court found the orders clear and binding, and the contemnors had knowledge of the orders. They were also found to have acted deliberately in disobeying the orders.
Outcome
The Court found the contemnors guilty of contempt and ordered them to be punished and committed to civil jail for a period not exceeding six months.
Orders
- Punish and commit the contemnors to civil jail for a period not exceeding six months for wilful and deliberate disobedience of the court orders
Remedies
- Deny audience by the court until the contempt is purged
Authorities cited
Cases cited (2)
- Mengich t/a Mengich & Co Advocates & Another v Joseph Mabwai & 10 Others [2018] eKLR
- Contempt in Modem New Zealand
Loading judgment…