Kenya Union of Water & Sewerage Employees v Migori Water & Sanitation Co. Ltd & another (Cause 5 of 2021) [2022] KEELRC 1355 (KLR) (14 July 2022) (Ruling)
- Court
- Employment & Labour Relations Court
- Case number
- 1355
- Citation
- [2022] KEELRC 1355 (KLR)
- Decided
- 14 July 2022
The court finds that the respondents have not deliberately disobeyed the court's orders to warrant committal for contempt of court and declines to suspend the respondents' letters or commit the respondents' officials to civil jail.
Facts
The Kenya Union of Water & Sewerage Employees filed a notice of motion application against Migori Water & Sanitation Co. Ltd and the Board of Directors, seeking to suspend the respondents' letters of April 30, 2021, and June 15, 2021, and to commit the respondents' officials to civil jail for contempt of court.
Issues
- Whether the respondents' decision declining to renew the grievants' contracts should be suspended
- Whether the respondents should be committed to civil jail for contempt of court
Reasoning
The court considers the consent order and the respondents' admission of non-compliance due to financial challenges. The court finds that the respondents have largely complied with the consent order, and the conduct of disobeying the orders was not deliberate.
Outcome
The court declines to suspend the respondents' letters or commit the respondents' officials to civil jail.
Orders
- The court declines to suspend the respondents' letters of April 30, 2021, and June 15, 2021.
- The court declines to commit the respondents' officials to civil jail for contempt of court.
Authorities cited
Cases cited (4)
- Black's Law Dictionary (Ninth Edition)
- Johnson vs Grant (1923 SC 789)
- Clarke and Others vs Chadburn & Others (1985) 1All E.R (PC) 211
- Samuel M. N Mweru and other V National Land Commission & 2 others (2020) eKLR
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