[2014] KEELRC 336 (KLR)
The court found that the respondent had complied with the court order by paying the applicant all arrears of half salary for the period of suspension, as evidenced by the credited amounts in the applicant's salary account. The interim orders previously granted were set aside due to their interim nature and the need...
Source-derived case information.
- Citation
- [2014] KEELRC 336 (KLR)
- Parties
- Applicant: Mathew Mulyungi; Respondent: Mwingi Mwalimu Sacco Cooperative Society Limited
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 1528 of 2013
- Procedural Posture
- Employment Cause / Ruling on Contempt Application
- Outcome
- application dismissed
- Legal Topics
- Contempt of Court, Interim Orders, Salary Arrears, Suspension Payments
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mathew Mulyungi
Applicant
Mwingi Mwalimu Sacco Cooperative Society Limited
Respondent
Procedural Posture
Employment Cause / Ruling on Contempt Application
Legal Issues
- 1 Whether the respondent was in contempt of the court order regarding payment of half salary during suspension.
- 2 Whether the interim orders granted on 24th September 2013 should be set aside pending interpartes hearing.
Ratio Decidendi
The court found that the respondent had complied with the court order by paying the applicant all arrears of half salary for the period of suspension, as evidenced by the credited amounts in the applicant's salary account. The interim orders previously granted were set aside due to their interim nature and the need for a full interpartes hearing. As a result, there was no basis for holding the respondent in contempt, and the application was dismissed.
Court Disposition
application dismissed
Orders
- The application to hold the respondent in contempt of court is dismissed.
- Costs in the cause.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE INDUSTRIAL COURT OF KENYA
AT NAIROBI
CAUSE NO. 1528 OF 2013
MATHEW MULYUNGI …….........…….................................CLAIMANT/APPLICANT
VERSUS
MWINGI MWALIMU SACCO COOPERATIVE SOCIETY LIMITED……RESPONDENT
Mr. Kalove for the Applicant
Mr. Mungai for Respondent
RULING
1. Having read the papers filed on record it is apparent that the orders granted by the Court on 24th September 2013 were meant to be interim in nature pending the hearing and determination of the Application.
2. The prayers were couched in a manner calculated to pre-empt the interpartes hearing.
3. The Court has noted this error on the face of the record and has set aside the said orders pending the hearing of the Application dated 24th September 2013.
4. In any event the Court has noted the submissions by counsel for the Respondent to the effect that the Applicant has been paid the half salary for the period of suspension and the amount has been credited in the Applicant’s salary account No. 001301001131 as per annexture CKM 3.
5. The arrears up to November 2013 were Kshs.133,239/= and a further Kshs.11,879/= for December and Kshs.4,353/= for half of January 2014 which have all been paid.
To this end, the application to hold the Respondent in contempt of the Court order is dismissed.
Costs in the cause.
Dated and Delivered at Nairobi this 25th day of July, 2014.
MATHEWS N. NDUMA
PRINCIPAL JUDGE