[2025] KEELRC 1781 (KLR)
The court found that the applicant had established a prima facie case that the named officials of the County Government of Kisumu had failed to comply with the orders of mandamus issued on 6th February 2025. Given the lack of serious opposition and the importance of upholding the authority of the court, the court...
Source-derived case information.
- Citation
- [2025] KEELRC 1781 (KLR)
- Parties
- Applicant: Manyonge, Wanyama & Associates LLP; Respondent: County Government of Kisumu
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Judicial Review E038 of 2024
- Procedural Posture
- Judicial Review / Ruling on Contempt Application
- Outcome
- Summons issued to named county officials to appear and show cause; costs awarded to applicant.
- Judges
- Nzioki wa Makau
- Legal Topics
- Contempt of Court, Mandamus Orders, Enforcement of Court Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Manyonge, Wanyama & Associates LLP
Applicant
County Government of Kisumu
Respondent
Procedural Posture
Judicial Review / Ruling on Contempt Application
Legal Issues
- 1 Whether the respondents are in contempt of the orders of mandamus issued by the court on 6th February 2025.
- 2 Whether summons should issue to the named county officials to show cause why they should not be cited for contempt.
Ratio Decidendi
The court found that the applicant had established a prima facie case that the named officials of the County Government of Kisumu had failed to comply with the orders of mandamus issued on 6th February 2025. Given the lack of serious opposition and the importance of upholding the authority of the court, the court determined that it was appropriate to issue summons to the Chief Officer Finance, County Executive Committee Member for Finance, and County Secretary to appear and show cause why they should not be held in contempt. The court emphasized the need for personal service of the summons, but allowed for alternative service by email and to the County Attorney if the officials proved...
Court Disposition
Summons issued to named county officials to appear and show cause; costs awarded to applicant.
Orders
- Summons to issue to Chief Officer Finance, County Executive Committee Member for Finance, and County Secretary of County Government of Kisumu to appear on 26th June 2025 before Hon. Mr. Justice Jacob Gakeri at 9:00am to show cause why they should not be held in contempt.
- Summons to be served by the applicant; personal service preferred, but service by email and to County Attorney allowed if necessary.
Full Case Text
Judgment text and source record
20 paragraphs
Manyonge, Wanyama & Associates LLP v County Government of Kisumu & 3 others (Judicial Review E038 of 2024) [2025] KEELRC 1781 (KLR) (18 June 2025) (Ruling)
Neutral citation: [2025] KEELRC 1781 (KLR)
Republic of Kenya
In the Employment and Labour Relations Court at Kisumu
Judicial Review E038 of 2024
Nzioki wa Makau, J
June 18, 2025
Between
Manyonge, Wanyama & Associates LLP
Applicant
and
County Government Of Kisumu & 3 others & 3 others & 3 others
Respondent
Ruling
1. The application before the Court is the contempt application which seeks the following order:a.The Honourable Court be pleased to issue summons to the person holding the office of Chief Officer Finance County Government of Kisumu, the County Executive Committee Member for Finance, County Government of Kisumu and County Secretary County Government of Kisumu to appear physically in the Employment and Labour Relations Court at Kisumu and show cause why they should not be cited for being in contempt of the Orders of mandamus issued by the Employment and Labour Relations Court at Kisumu on 6th February 2025.
2. The contempt application was not seriously resisted. However, since the liberty of subjects is at stake, the Court has to consider the implications of the grant of the summons. The refusal to comply with an order of the Court is conduct that undermines the authority and dignity of the court and is not countenanced by courts. It is alleged the Chief Officer Finance County Government of Kisumu, the County Executive Committee Member for Finance County Government of Kisumu and County Secretary County Government of Kisumu have deliberately refused to comply with an order of this Court.
3. The Court therefore summons thea.Chief Officer Finance County Government of Kisumu,b.County Executive Committee Member for Finance County Government of Kisumu andc.County Secretary County Government of Kisumu
4. The 3 official are appear on 26th June 2025 before the Hon. Mr. Justice Jacob Gakeri at 9. 00am to show cause why they should not be held in contempt of the orders of this court. The summons to be served by the Applicant. Personal service is preferred but if the alleged contemnors are elusive, they can be served by email and an additional copy be sent to the County Attorney Kisumu County Government.
5. The Applicant will have costs of the motion before court.Orders accordingly.
DATED AND DELIVERED AT KISII THIS 18TH DAY OF JUNE 2025NZIOKI WA MAKAU, MCIArb.JUDGE