Gakumbi v Africare Limited & 2 others (Employment and Labour Relations Cause 180 of 2020) [2025] KEELRC 3296 (KLR) (20 November 2025) (Ruling)
- Court
- Employment & Labour Relations Court
- Case number
- 3296
- Citation
- [2025] KEELRC 3296 (KLR)
- Decided
- 20 November 2025
The court finds the Respondents guilty of willful contempt of court and commits them to civil jail for a term not exceeding three (3) months until they release the Ambulance Registration No. KCK 290H.
Facts
The Claimant, Alfred Muriithi Gakumbi, sought an order for contempt of court against the Respondents, Africare Limited, First Choice Auctioneers, and Ken Karago, for willfully disobeying court orders issued on March 13, 2025, July 3, 2025, and July 30, 2025, regarding the return of the ambulance registration number KCK 290H and taxation of auctioneer's charges.
Issues
- Contempt of Court
- Compliance with Court Orders
Reasoning
The court found the Respondents guilty of willful disobedience of court orders and willfully disobeyed clear and binding orders regarding the return of the ambulance registration number and taxation of auctioneer's charges.
Outcome
The court allows the application and issues the following orders: 1st, 2nd, and 3rd Respondents are guilty of contempt of court; sentenced to civil jail for a term not exceeding three (3) months until they release the Ambulance Registration No. KCK 290H; no auctioneer and storage charges are payable in respect of the entire period the Respondents held the said motor vehicle unlawfully.
Orders
- The 1st, 2nd and 3rd Respondents are guilty of contempt of court for disobeying court orders issued on 13th March 2025, 3rd July 2025 and 30th July 2025.
- The Respondents are sentenced to civil jail for a term not exceeding three (3) months until they release the Ambulance Registration No. KCK 290H without any conditions at all.
- The Respondents to meet the costs of the application.
Remedies
- Civil Jail for a term not exceeding three (3) months.
- No auctioneer and storage charges are payable in respect of the entire period the Respondents held the said motor vehicle unlawfully.
Authorities cited
Cases cited (3)
- Makokha v Mwananchi Credit Ltd and another (Misc. Application E152 of 2024) [2025] KEHC 7919 (KLR)
- Econet Wireless Kenya Ltd v Ministry for information and Communication of Kenya and another [2005] eKLR
- Flora N. Wasike v Distino Wambulo [1986] eKLR
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