Kenya County Government Workers Union v County Public Service Board of Kiambu (Employment and Labour Relations Cause 1068 of 2015) [2023] KEELRC 2007 (KLR) (9 August 2023) (Ruling)
- Court
- Employment & Labour Relations Court
- Case number
- 2007
- Citation
- [2023] KEELRC 2007 (KLR)
- Decided
- 9 August 2023
The court holds the respondents are in contempt of court for disobeying the court order directing that the respondent pays the seventeen grievants the total sum of Kshs 1,186,347.
Facts
The Kenya County Government Workers Union filed an application against the County Public Service Board of Kiambu, seeking payment of severance pay and other compensation totaling Kshs 1,186,347.
Issues
- Whether the respondent has disobeyed court order and is liable to be cited for contempt.
- Whether the claimant served the Government with thirty days' notice as required by the Contempt of Court Act.
Reasoning
The court found the respondent's delayed payment was due to lack of adequate information by their previous advocates, but there was no evidence of efforts to settle the decretal sum in the last seven months. The court held the respondents are in contempt of court.
Outcome
The court declared the respondents in contempt of court and ordered them to show cause why they should not be committed to jail for disobeying the court order.
Orders
- The County Secretary Dr Martin Njogu and Chief Finance Officer Mr William Kimani are summoned in court on 12/10/2023 to show cause why they should not be committed to jail for disobeying the court order unless they purge this contempt before the aforesaid date.
Remedies
- The costs will be borne by the respondents.
Authorities cited
Legislation (2)
- Contempt of Court Act No 46 of 2016
- Procedure Act (Chapter 21 of the Laws of Kenya)
Cases cited (2)
- Econet Wires Kenya Ltd v Minister of Information & communication (2005) eKLR
- Sharif Molena Habib Mohammed v The County Government of Kilifi (2017) eKLR
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