[2013] KEHC 5036 (KLR)
The court found that, while the applicant alleged non-compliance with a previous court order regarding the remittance of union dues, the evidence before the court was insufficient to conclusively establish that the respondent was in contempt. The court emphasized that committal for contempt is a severe sanction and...
Source-derived case information.
- Citation
- [2013] KEHC 5036 (KLR)
- Parties
- Applicant: Kenya National Private Security Workers Union; Respondent: Inter-Security Services Ltd
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Cause 1113 of 2011
- Procedural Posture
- Contempt Application / Ruling on Application for Committal for Contempt
- Outcome
- Notice to show cause issued; no finding of contempt at this stage.
- Judges
- L Ndolo
- Legal Topics
- Union Dues Remittance, Contempt of Court, Employer Obligations
- Source Language
- english
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kenya National Private Security Workers Union
Applicant
Inter-Security Services Ltd
Respondent
Procedural Posture
Contempt Application / Ruling on Application for Committal for Contempt
Legal Issues
- 1 Whether the respondent is in contempt of court for failing to remit union dues as previously ordered.
- 2 Whether the respondent's Chief Executive should be committed for contempt of court.
Ratio Decidendi
The court found that, while the applicant alleged non-compliance with a previous court order regarding the remittance of union dues, the evidence before the court was insufficient to conclusively establish that the respondent was in contempt. The court emphasized that committal for contempt is a severe sanction and should only be imposed where contempt is clearly demonstrated. Accordingly, the court ordered that the respondent be given an opportunity to appear and show cause why he should not be committed for contempt, thereby upholding the principles of procedural fairness and due process.
Court Disposition
Notice to show cause issued; no finding of contempt at this stage.
Orders
- The respondent is to appear before the court on a date to be fixed by the Registrar to show cause why he should not be committed for contempt of court.
- The Registrar is directed to issue a notice to show cause to the respondent to appear before any Judge based in Nairobi.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
High Court at Nairobi (Nairobi Law Courts)
Cause 1113 of 2011 [if gte mso 9]><xml>
14. 00
</xml><![endif]
KENYA NATIONAL PRIVATESECURITY WORKERS UNION..............CLAIMANT
VERSUS
INTER-SECURITY SERVICES LTD...................................................RESPONDENT
R U L I N G
Thismatter concerns remission of union dues to the applicant. It is contended that despite the order of this honourable court made on 13th July, 2011, the respondent has not remitted fully, Union dues deducted from its employees to the applicant Union.
The applicant seeks the orders of this honourable court to have the respondent's Chief Executive Billy Okwiri committed for contempt of court for the reason that he has failed to remit the Union dues to the applicant.
Committal for contempt is a drastic order which the court will issue sparingly. The court of course treats with disdain any person who is in contempt of its authority and would not hesitate in appropriate cases to commit for contempt. In this case the court is not convinced that the respondent is in contempt of court and hereby orders that the respondent do appear before it on a date to be fixed by the Registrar with notice to the applicant to show cause why he should not be committed for contempt of court.
The Registrar is hereby directed to issue a notice to show cause directed to the respondent to appear before any Judge based in Nairobi to show cause why he should not be committed for contempt of court.
It is so ordered.
Dated at Nyeri this 30th day of January, 2013.
Abuodha J. N.
Judge
Delivered this 20th day of February, 2013.
Delivered in open Court in the presence of …......................... for the Claimant and …............................................... for the Respondent.
Linet Ndolo
Judge