[2016] KEELRC 1423 (KLR)
The court found that the County Secretary, Peter Erepete, was properly served with the summons to appear and explain non-compliance with the judgment, as evidenced by the affidavit of service and the presence of the Respondents' advocate during the issuance of the summons. The County Secretary's failure to attend...
Source-derived case information.
- Citation
- [2016] KEELRC 1423 (KLR)
- Parties
- Applicant: Joseph Kipkorir Koech; Respondent: County Government of Turkana; Respondent: Honourable Josephat Koli Nanok
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Cause 92 of 2014
- Procedural Posture
- Contempt Application / Ruling on Warrant of Arrest and Compliance With Court Summons
- Outcome
- Warrant of arrest against the County Secretary upheld; County Secretary remanded pending representations.
- Legal Topics
- Contempt of Court, Enforcement of Judgments, Service of Process
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Joseph Kipkorir Koech
Applicant
County Government of Turkana
Respondent
Honourable Josephat Koli Nanok
Respondent
Procedural Posture
Contempt Application / Ruling on Warrant of Arrest and Compliance With Court Summons
Legal Issues
- 1 Whether the County Secretary of Turkana was properly served with court summons to appear and explain non-compliance with a judgment.
- 2 Whether the warrant of arrest against the County Secretary was lawfully issued for failure to attend court as summoned.
- 3 Whether the County Secretary should be charged under section 20(7) of the Employment and Labour Relations Court Act for non-compliance.
Ratio Decidendi
The court found that the County Secretary, Peter Erepete, was properly served with the summons to appear and explain non-compliance with the judgment, as evidenced by the affidavit of service and the presence of the Respondents' advocate during the issuance of the summons. The County Secretary's failure to attend court on the specified date justified the issuance of a warrant of arrest, not for failure to satisfy the judgment, but for disobeying the court's order to appear. The court was satisfied that due process was followed and invited the County Secretary to make representations as to why he should not be charged under section 20(7) of the Employment and Labour Relations Court Act for...
Court Disposition
Warrant of arrest against the County Secretary upheld; County Secretary remanded pending representations.
Orders
- County Secretary, Peter Erepete, to remain remanded at Central Police Station pending further representations.
- County Secretary invited to make representations why he should not be charged under section 20(7) of the Employment and Labour Relations Court Act.
Full Case Text
Judgment text and source record
29 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT AT NAKURU
CAUSE NO. 92 OF 2014
JOSEPH KIPKORIR KOECH.....................................................CLAIMANT
v
COUNTY GOVERNMENT OF TURKANA........................1ST RESPONDENT
HONOURABLE JOSEPHAT KOLI NANOK.....................2ND RESPONDENT
RULING
On 28 October 2015, the Court issued summons to the County Secretary, County of Turkana, Peter Erepete, to appear in Court on 18 January 2016 to explain why the County Government had not complied with the terms of a judgment delivered by Ongaya J on 17 October 2014.
The summons was issued in the presence of Mr. Muli who held brief for Mr. Change who had appeared for the Respondents through the proceedings.
Come 18 January 2016, the County Secretary was not in Court. Counsel for the Respondents was also not in Court.
The Claimant informed the Court that he had served the County Secretary with the Summons.
However, because there was no affidavit of service on record, the Court directed the Claimant to file an affidavit attesting to the service and set the Cause for mention on 22 January 2016.
On 22 January 2016, a new advocate sought to come on record for the Claimant, and the Court gave her time to comply with the rules on change of advocate after judgment and fixed the Cause for mention on 29 January 2016.
On record at the time was an affidavit of service sworn by the Claimant (filed in Court on 22 January 2016), deposing that a Deputy Director, Human Resources, Chris Locheria was served with the Summons which had a return date of 18 January 2016.
On 29 January 2016, the Court being satisfied that the County Secretary had been served and the firm of Elizabeth Wangari & Co. Advocate was properly on record, issued the warrant of arrest.
Pursuant to the warrant of arrest, the County Secretary, Peter Erepete was presented in Court in 8 February 2016, and through his Advocate, he sought the lifting of the warrant of arrest.
The Court ordered that the County Secretary be remanded at Central Police Station till today pending this ruling.
The warrant of arrest was issued because the County Secretary had not complied with its terms to appear before Court. It was not issued because the County Secretary had not satisfied the terms of judgment by Ongaya J.
The Summons were in tandem with section 20(2),(4), (5) and (6) of the Employment and Labour Relations Court Act.
The Summons was issued in the presence of Advocate Mr. Muli who held brief for the Respondents counsel on record. The affidavit of service on record also attests to service of the Summons.
The Court is satisfied that the County Secretary, County Government of Turkana, Peter Eperete was aware and had information about the Summons to attend Court on 18 January 2016, but declined and he is therefore invited to make representations why the Court should not order that he be charged in terms of section 20(7) of the Employment and Labour Relations Court Act.
Delivered, dated and signed in Nakuru on this 9th day of February 2016.
Radido Stephen
Judge
Appearances
Claimant in person Elizabeth Wangari & Co. Advocates (on record)
For Respondents/County Secretary Mr. Wakwaya instructed by Rachier & Amolo Advocates
Court Assistant Nixon