[2020] KEELRC 99 (KLR)
The court found that the respondent's senior officers were fully aware of the judgment and subsequent orders requiring compliance with the court's decision delivered on 4th October 2018. The respondents' application for stay of execution had been declined, leaving them with no lawful excuse for non-compliance. The...
Source-derived case information.
- Citation
- [2020] KEELRC 99 (KLR)
- Parties
- Applicant: Jared Omondi Ober; Applicant: John Oluoch Orinda; Respondent: County Government of Homabay
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Cause 39 of 2013
- Procedural Posture
- Contempt Application / Ruling on Contempt Application Post Judgment
- Outcome
- application granted; respondents' officers found in contempt and committed to civil jail for three months
- Judges
- MN Nduma
- Legal Topics
- Contempt of Court, Enforcement of Judgments, Public Officer Liability
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jared Omondi Ober
Applicant
John Oluoch Orinda
Applicant
County Government of Homabay
Respondent
Procedural Posture
Contempt Application / Ruling on Contempt Application Post Judgment
Legal Issues
- 1 Whether the respondent's officers are in contempt of court for willful disobedience of the court's judgment and orders.
- 2 Whether the applicants are entitled to committal orders against the named officers for contempt of court.
Ratio Decidendi
The court found that the respondent's senior officers were fully aware of the judgment and subsequent orders requiring compliance with the court's decision delivered on 4th October 2018. The respondents' application for stay of execution had been declined, leaving them with no lawful excuse for non-compliance. The absence of any substantive response or justification from the respondents was taken as evidence of willful defiance. The court held that the deliberate disobedience of its orders by public officers undermines the administration of justice and the rule of law. Consequently, the court found the named officers guilty of contempt and ordered their committal to civil jail for three...
Court Disposition
application granted; respondents' officers found in contempt and committed to civil jail for three months
Orders
- Mr. Isaya Ochieng Ogwe, Mr. Noah Otieno, and Mr. Charles Benson Modi are found guilty of contempt of court for willful defiance of the judgment and decree dated 4th October 2018.
- The three named persons are committed to civil jail for a period of three months.
Full Case Text
Judgment text and source record
42 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT AT KISUMU
CAUSE NO. 39 OF 2013
JARED OMONDI OBER.......................................1ST CLAIMANT
JOHN OLUOCH ORINDA.................................2ND CLAIMANT
VERSUS
COUNTY GOVERNMENT OF HOMABAY..........RESPONDENT
RULING
1. The Applicants filed a notice of motion application dated 6th July, 2020 seeking an Order in the following terms:
(a) That the honourable Court be pleased to find the respondent’s representatives herein are in contempt of the Court Orders.
(b) That this honourable Court do issue warrants of arrest against the following persons for disobeying the Court Orders:-
(i) Mr. Isaya Ochieng Ogwe (County Secretary Homabay County)
(ii) Mr. Noah Otieno (Chief Officer Finance, Homabay County Government.
(iii) Mr. Charles Benson Modi (head of Human Resource Homabay County Government, and they be placed in Civil jail for such period the Court may deem fit.
(iii) That the Court direct the Officer-in-charge of Homabay Central Police Station to facilitate the arrest and placement into custody of the named persons.
2. The application is based on grounds set out on the Notice of Motion and in the supporting affidavit of the applicants to wit:-
(i) The Court issued an Order on 4/5/2020 directing the respondent comply with judgment of the court delivered on 4th October, 2018 failing which the Claimant/applicant to execute the judgment.
(ii) That the respondents have willfully failed to obey the Court Order served on the respondent on 7th May, 2020.
(iii) That it is in the interest of justice that the Orders sought be granted.
3. In its ruling dated 30th April, 2020, the Court declined to grant the respondent stay of execution of the judgment and decree of the Court dated 4th October, 2018.
4. The respondents were left with no alternative but to obey the Court Orders issued in the said judgment.
5. It is manifestly clear that the respondents are aware of the judgment and decree of the Court and are aware that application for stay of execution was declined by the Court.
6. The respondents have failed to mount a substantive response to this application.
7. The Court is left with no alternative but to find that the named persons, who comprise senior officials of the respondent are in willful defiance of the judgment and decree of the Court dated 4th October, 2018.
8. Accordingly, the Court grants the application as prayed by the applicants who have waited since 4th October, 2018 to enjoy the fruits of their judgment and issue the following Orders:-
(a) The respondents through their officers, (i) Mr. Isaya Ochieng Ogwe, County Secretary Homabay County (ii) Mr. Noah Otieno Chief Officer Finance, Homabay County Government and
(iii) Mr. Charles Benson Modi, Head of Human Resource Homabay County Government are guilty of willful defiance of the judgment and decree of the Court dated 4th October, 2018 and are therefore guilty of contempt of Court.
(b) The Court commits the three (3) named persons to civil jail for a period of three (3) months.
(c) The three (3) named contemnors may be released earlier than the three (3) months period upon punching the contempt of Court.
(d) The officer-in-charge of Homabay Central Police Station to facilitate the execution of this Order.
(e) Costs follow the event.
Dated and delivered at Nairobi this17th day of December, 2020.
MATHEWS N. NDUMA
JUDGE
ORDER
In view of the declaration of measures restricting court of operations due to the COVID-19 pandemic and in light of the directions issued by his Lordship, the Chief Justice on 15th March 2020, this ruling has been delivered to the parties online with their consent. They have waived compliance with Order 21 rule 1 of the Civil Procedure Rules which requires that all judgments and rulings be pronounced in open court. In permitting this course, this court has been guided by Article 159(2)(d) of the Constitution which requires the court to eschew undue technicalities in delivering justice, the right of access to justice guaranteed to every person under Article 48 of the Constitution and the provisions of Section 18 of the Civil Procedure Act (chapter 21 of the Laws of Kenya) which impose on this court the duty of the court, inter alia, to use suitable technology to enhance the overriding objective which is to facilitate just, expeditious, proportionate and affordable resolution of civil disputes.
MATHEWS N. NDUMA
JUDGE
Appearances
Claimants in person.
Mr. Orengo for respondents.
Chrispo – Court clerk