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Nyangongo v Akola, The Principal Kisii National Polytechnic & 2 others (Miscellaneous Cause E001 of 2024) [2025] KEELRC 3395 (KLR) (1 December 2025) (Ruling)

[2025] KEELRC 3395 (KLR) Employment & Labour Relations Court
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Court
Employment & Labour Relations Court
Case number
3395
Citation
[2025] KEELRC 3395 (KLR)
Decided
1 December 2025
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeContemptPostureApplicant seeks orders for contempt and other remedies against the respondentsCoramJK GAKERI
Holding

The 2nd respondent's preliminary objection is dismissed

Facts

The applicant, Evans Morara Nyangongo, was not reinstated to his former duties at Kisii National Polytechnic and was not paid on the Teachers Service Commission (TSC) payroll. The 1st respondent, John Otieno Akola, is the principal of the polytechnic.

Issues

  1. Whether the respondents are guilty of contempt
  2. Whether the applicant's case is procedurally compliant

Reasoning

The court finds the applicant's case procedurally sound and dismisses the preliminary objection.

Outcome

The applicant's motion for contempt is not dismissed

Orders

  • The court will not cite the respondents for contempt
  • The court will not commit the respondents to civil jail
  • The court will not fine the respondents

Remedies

  • Reinstatement of the applicant to his former duties and responsibilities
  • Reinstatement of the applicant's salary in the TSC payroll

Authorities cited

Legislation (3)
  • Judicature Act
  • Employment and Labour Relations Court (Procedure) Rules, 2024
  • Civil Procedure Act
Cases cited (5)
  • Mukisa Biscuit Manufacturing Co. Ltd V West End Distributors Ltd
  • Kensilver Express Ltd & 137 others V The Commissioner of Insurance
  • Henry Njai V Taita Ranching Co. Ltd
  • Kamlesh Mansukhalal Damji Pattni V Director of Public Prosecutions
  • Microsoft Corporation V Mitsumi Computer Garage Ltd & another
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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