[2024] KEELRC 2380 (KLR)
The court found that there were conflicting affidavits regarding compliance with the interim orders. While the respondents claimed to have complied by issuing a memo to revert the petitioners to their previous positions, the applicants maintained that their salaries continued to be paid based on the demotion...
Source-derived case information.
- Citation
- [2024] KEELRC 2380 (KLR)
- Parties
- Applicant: Anthony Kariuki; Applicant: Washington Gitonge Ngunjiri; Applicant: Joseph Mungai Kabogo; Applicant: Abraham Nguru Karanja; Applicant: Priscilla Karimi Miriti; Applicant: Kura Hussein Abdi; Applicant: Martin Njoroge Gachohi; Applicant: Dinah Kabura Nderitu; Applicant: Mary Wambui Waweru; Applicant: Mary Wanjiru Njoroge; Applicant: Jane Wanjiru Chege; Applicant: John Mburu Githiri; Applicant: Alice Wangari Njoroge; Applicant: George Ndiangui Kamau; Applicant: Murichu John Munyui; Applicant: Charity Sintamie Torome; Applicant: Njoroge Kirutu John; Respondent: County Government of Kiambu; Respondent: The County Secretary, County Government of Kiambu; Respondent: The Secretary Kiambu County Public Service Board
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Employment and Labour Relations Petition E168 of 2023
- Procedural Posture
- Contempt Application / Ruling on Contempt Application
- Outcome
- Conditional order; respondents directed to demonstrate compliance or face contempt consequences.
- Judges
- MN Nduma
- Legal Topics
- Contempt of Court, Interim Injunctions, Public Service Employment, Salary Payment Disputes
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Anthony Kariuki
Applicant
Washington Gitonge Ngunjiri
Applicant
Joseph Mungai Kabogo
Applicant
Abraham Nguru Karanja
Applicant
Priscilla Karimi Miriti
Applicant
Kura Hussein Abdi
Applicant
Martin Njoroge Gachohi
Applicant
Dinah Kabura Nderitu
Applicant
Mary Wambui Waweru
Applicant
Mary Wanjiru Njoroge
Applicant
Jane Wanjiru Chege
Applicant
John Mburu Githiri
Applicant
Alice Wangari Njoroge
Applicant
George Ndiangui Kamau
Applicant
Murichu John Munyui
Applicant
Charity Sintamie Torome
Applicant
Njoroge Kirutu John
Applicant
County Government of Kiambu
Respondent
The County Secretary, County Government of Kiambu
Respondent
The Secretary Kiambu County Public Service Board
Respondent
Procedural Posture
Contempt Application / Ruling on Contempt Application
Legal Issues
- 1 Whether the respondents have complied with the interim court orders restraining them from demoting or interfering with the petitioners' promotions.
- 2 Whether the respondents are in contempt of the court order dated 6th June 2023 regarding the petitioners' employment status and salary payments.
Ratio Decidendi
The court found that there were conflicting affidavits regarding compliance with the interim orders. While the respondents claimed to have complied by issuing a memo to revert the petitioners to their previous positions, the applicants maintained that their salaries continued to be paid based on the demotion letters. The court held that, in the absence of documentary proof of compliance (such as pay slips), it could not conclusively find willful disobedience at this stage. The court therefore gave the respondents the benefit of the doubt, subject to their production of documentary evidence of compliance. Should the respondents fail to provide such evidence, they would be found guilty of...
Court Disposition
Conditional order; respondents directed to demonstrate compliance or face contempt consequences.
Orders
- Respondents are directed to demonstrate full payment of the applicants' salaries in accordance with the memo by the Kiambu County Public Service Board dated 8th February 2024, from September 2023 to date, at a date to be determined.
- Failure to provide pay slips or copies thereof signifying full compliance will result in the respondents being held guilty of contempt of the court order dated 6th June 2023 and sentencing will follow.
Full Case Text
Judgment text and source record
61 paragraphs
Kariuki & 16 others v County Government of Kiambu & 2 others (Employment and Labour Relations Petition E168 of 2023) [2024] KEELRC 2380 (KLR) (26 September 2024) (Ruling)
Neutral citation: [2024] KEELRC 2380 (KLR)
Republic of Kenya
In the Employment and Labour Relations Court at Nairobi
Employment and Labour Relations Petition E168 of 2023
MN Nduma, J
September 26, 2024
Between
Anthony Kariuki
1st Petitioner
Washington Gitonge Ngunjiri
2nd Petitioner
Joseph Mungai Kabogo
3rd Petitioner
Abraham Nguru Karanja
4th Petitioner
Priscilla Karimi Miriti
5th Petitioner
Kura Hussein Abdi
6th Petitioner
Martin Njoroge Gachohi
7th Petitioner
Dinah Kabura Nderitu
8th Petitioner
Mary Wambui Waweru
9th Petitioner
Mary Wanjiru Njoroge
10th Petitioner
Jane Wanjiru Chege
11th Petitioner
John Mburu Githiri
12th Petitioner
Alice Wangari Njoroge
13th Petitioner
George Ndiangui Kamau
14th Petitioner
Murichu John Munyui
15th Petitioner
Charity Sintamie Torome
16th Petitioner
Njoroge Kirutu John
17th Petitioner
and
County Government of Kiambu
1st Respondent
The County Secretary, County Government of Kiambu
2nd Respondent
The Secretary Kiambu County Public Service Board
3rd Respondent
Ruling
1. The petitioner/applicant filed notice of motion application dated 17/10/2023 seeking the court to hold the respondents in contempt of interim orders of the court issued on 6/6/2023 in which the court ordered."Pending hearing and determination of the application interpartes an order of temporary injunction is hereby granted restraining the respondents by themselves or agents, from demoting, re-designating, revoking and/or in any way interfering with the promotion letters dated 24th April 2019, or any other date.”
2. The court had on various dates listed the matter for mention to allow the respondent to demonstrate compliance with that order of the court.
3. In the replying affidavit by Waithira Waiyaki, County Attorney, Kiambu County deposes that the respondents take court orders seriously and as such the respondent had duly complied with the court order issued by Rika J. on 6th June 2013.
4. The deponent stated that after consideration, the Board at its regular meeting held on 31st January 2024, under minute number MIN/ICBU/CPSB/3/2024(5) (8), resolved to uphold the court’s order and recall the revocation of the officers’ promotions communicated vide its memo Ref. No. CPSB/ST/7/i/Vol. VII/349 dated 9th November 2022 and revert the four (4) medical engineering staff and twenty-one/21 public health staff back to initial designation and job groups until the court matter is determined. The memo dated 8/2/2024 to the said effect is attached to the replying affidavit.
5. The applicant however in the further affidavit in response to the replying affidavit of the County Legal Officer reiterate that despite those averments the respondents have failed to comply with the court orders by unilaterally proceeding to pay the petitioners’ salary for the month of September 2023 up to and including salary for March 2024 pursuant to the impugned demotion letters dated 29th November 2022.
6. The two depositions are in stark contrast of each other. It is clear that the respondents are aware of the court order dated 6th June 2023 and in their deposition affirm that they have complied with the said court orders vide the memo dated 8th February 2024.
7. In the event there has not been full compliance with this memo, it is clear that the same must be for any other reason other than willful intention to disregard the court order dated 6th June 2023.
8. Accordingly, the court directs the respondents to demonstrate full payment of the salary of the applicant in accordance with the memo by the Kiambu County Public Service Board dated 8th February 2024, from the month of September 2023 to date at a date to be determined on the date of delivery of this ruling.
9. Failure to provide pay slips and/or copies thereof signifying full compliance with the court order the respondents shall be held with effect from that date guilty of contempt of court order dated 6th June 2023 and the court will proceed to sentence them accordingly.
10. In other words, the court has given the respondents the benefit of doubt on the contested facts subject to production of documentary prove of compliance with the court order dated 6th June 2023.
DATED AT NAIROBI THIS 26TH DAY OF SEPTEMBER, 2024MATHEWS NDERI NDUMAJUDGEAppearance:M/s. Wambua for petitioners/applicantMr. Munene for respondentMr. Kemboi - Court Assistant