https://new.kenyalaw.org/akn/ke/judgment/keelrc/2026/1956

Kenya Union of Domestic, Hotels, Educational Institutions, and Hospital Workers v Board of Management Ekwanda Secondary School (Cause E033 of 2024) [2026] KEELRC 1956 (KLR) (9 July 2026) (Ruling) Neutral citation: [2026] KEELRC 1956 (KLR) Republic of Kenya In the Employment and Labour Relations Court at Kakamega Cause E033 of 2024 DN Nderitu, J July 9, 2026 Between Kenya Union of Domestic, Hotels, Educational Institutions, And Hospital Workers Claimant and Board of Management Ekwanda Secondary School Respondent Ruling 1.In a Chamber Summons (the application) dated 13th January 2026 the Claimant is seeking for the following orders –1.Spent.2.That the Respondent be cited for contempt of court for willfully, deliberately, and blatantly disobeying the Judgement delivered by the Honorable court on 8th May 2025.3.This Honourable Court be pleased to direct the Principal/Secretary to the Board of Management herein, who is the accounting officer, policy formulator and implementer responsible for executing court orders, to show cause within three (3) days of service of these orders why contempt proceedings should not be instituted against them.4.Upon showing such cause as in prayer (2) above, this Honourable Court be pleased to find the Principal/Secretary to the Board of Management guilty of contempt of court and be penalized, committed to civil jail for a period not exceeding six (6) months and appropriate sanctions provided by law.5.Costs of this application be awarded to the Applicant. 2.The application does not disclose the provisions of the law on which it is based. However, the same is based on the grounds on its face and supported with the affidavit of Thomas Mboya, an official of the Claimant, sworn on 13th January 2026, with several annexures thereto. 3.Despite service of the application upon the Respondent as per the affidavit of service on record - the court is satisfied with the service - the Respondent did not respond to the same. 4.The Claimant filed written submissions through its representative Mr. Shiraku in support of the application as summarized hereunder. 5.In the supporting affidavit, it is deposed that the intended contemnor, the Principal of the Respondent, is the accounting officer of the Respondent responsible for enforcing, implementing, and executing duties and obligations against or for the Respondent. 6.It is deposed that on 8th May 2025 this Court delivered a judgment in favour of the Claimant as against the Respondent as per the copy attached to the application. 7.It is further deposed that a copy of the said judgment was served upon the Respondent on 15th May 2026 as per the affidavit of service on record. 8.It is deposed that the Respondent has blatantly failed, refused, and or neglected to comply with the orders in the judgment despite constant reminders and demand from the Claimant. It is deposed that the Principal of the Respondent as the accounting officer should be adjudged in contempt of court for its willful disobedience of the said orders. The court is urged not to countenance the contempt of its orders. 9.In the written submissions, Mr. Shiraku relied on Teachers Service Commission V Kenya National Union of Teachers & 2 Others (2013) eKLR to the effect that court orders must always be obeyed even when or where a party does not agree with such orders. 10.It is submitted that the Respondent was duly served with the judgment of the court yet it has refused to engage with the Claimant in line with the orders issued by the Court. It is submitted that the Principal of the School who serves as the secretary of the Respondent is fully aware of the judgment of the court but has ignored any attempts by the Claimant to engage and implement the orders of the court as issued in the judgment. 11.The court is urged to grant the orders sought to stamp its authority and to affirm the supremacy of the rule of law. 12.The court has gone through the application, the supporting affidavit, and the annexures thereto. In the impugned judgment, the Court ordered that –a.This cause is allowed as follows –i.The respondent be and is hereby ordered and compelled to engage with the claimant and negotiate, conclude, and sign a CBA for registration within 30 days of this judgment.ii.The respondent shall not in any way or manner harass, intimidate, or victimize its employees who are members of the claimant and a perpetual injunction is hereby issued to that effect.b.Costs of the cause to the claimant. 13.The evidence on record, as per the filed affidavit of service, is that the Respondent was served with a copy of the said judgment. Likewise, the Respondent was served with the instant application but did not respond to the same. It is the Claimant’s position that the Respondent has failed, refused, and or neglected to comply with the orders in the judgment. 14.The Court is satisfied that the Respondent was duly served with a copy of the judgment and also with the application. No explanation has been offered by the Respondent for its failure to comply with the orders in the judgment. 15.In the circumstances, the court is satisfied that there are satisfactory grounds to summon the Principal of the school, in his/her capacity as the accounting officer and the secretary to the Respondent, to show cause why he/she should not be cited and punished for contempt of the court orders in the judgment.VI. Ordersi.The Claimant shall apply for and obtain a decree extracted from the impugned judgment of the court and have it served upon the Respondent within 30 days of this ruling.ii.The Claimant shall in writing supply the Court (Deputy Registrar) with the official name of the Principal of the School, the secretary to the Respondent, within 30 days of this ruling.iii.The Deputy Registrar shall issue a show-cause against the Principal of the School to appear in Court on the date set to show-cause why he/she should not be cited for contempt and punished accordingly.iv.Costs of this application to the Claimant. DELIVERED VIRTUALLY, DATED, AND SIGNED AT KAKAMEGA THIS 9TH DAY OF JULY 2026.....................................DAVID NDERITUJUDGE