[2025] KEELRC 1802 (KLR)
The court found that since the respondents had issued letters of deployment to the grievants, the core issue of contempt had been addressed. The court determined that it was unnecessary to proceed further with the contempt application, provided that the grievants had reported to work by the next mention date. The...
Source-derived case information.
- Citation
- [2025] KEELRC 1802 (KLR)
- Parties
- Applicant: Kenya County Workers Union; Respondent: County Government of Homabay; Respondent: Homa Bay County Assembly Service Board; Respondent: The Clerk Homa Bay County Assembly
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Kisii
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Application E118 of 2024
- Procedural Posture
- Miscellaneous Application / Ruling on Contempt and Compliance With Court Orders
- Outcome
- Mention for confirmation of compliance; file to be closed upon confirmation.
- Judges
- Nzioki wa Makau
- Legal Topics
- Contempt of Court, Compliance With Court Orders, Deployment of Employees
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kenya County Workers Union
Applicant
County Government of Homabay
Respondent
Homa Bay County Assembly Service Board
Respondent
The Clerk Homa Bay County Assembly
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Contempt and Compliance With Court Orders
Legal Issues
- 1 Whether the respondents disobeyed court orders regarding deployment of the grievants.
- 2 Whether the matter should proceed in light of the respondents' subsequent compliance.
Ratio Decidendi
The court found that since the respondents had issued letters of deployment to the grievants, the core issue of contempt had been addressed. The court determined that it was unnecessary to proceed further with the contempt application, provided that the grievants had reported to work by the next mention date. The matter would be closed upon confirmation of compliance, reflecting the court's preference for practical resolution over punitive measures when compliance is achieved.
Court Disposition
Mention for confirmation of compliance; file to be closed upon confirmation.
Orders
- Parties to appear before the Deputy Registrar on 24th June 2025 to confirm whether the grievants have reported to work.
- File to be closed upon confirmation of compliance.
Full Case Text
Judgment text and source record
20 paragraphs
Kenya County Workers Union v County Government of Homabay & 2 others (Miscellaneous Application E118 of 2024) [2025] KEELRC 1802 (KLR) (19 June 2025) (Ruling)
Neutral citation: [2025] KEELRC 1802 (KLR)
Republic of Kenya
In the Employment and Labour Relations Court at Kisii
Miscellaneous Application E118 of 2024
Nzioki wa Makau, J
June 19, 2025
Between
Kenya County Workers Union
Applicant
and
County Government of Homabay
1st Respondent
Homa Bay County Assembly Service Board
2nd Respondent
The Clerk Homa Bay County Assembly
3rd Respondent
Ruling
1. The Alleged Contemnors have been accused of disobedience of court orders. During the pendency of this matter, it has been brought to the attention of the Court that the County Assembly Service Board has issued letters of deployment to Mr. David Chapaa Okaa and Mr. Jared Omondi Mingusa. The Court is therefore not keen to have the matter proceed and then to deliver a decision when the County seems to have come to its senses. The Court will give the parties until the mention on 24th June 2025 when they shall appear before the Deputy Registrar of this Court to confirm whether the Grievants have reported to work. The file can be closed once the confirmation is received on 24th June 2025. Orders accordingly.
DATED AND DELIVERED AT KISUMU THIS 19TH DAY OF JUNE 2025Nzioki wa Makau, MCIArb.JUDGE