[2022] KEELRC 4081 (KLR)
The court found that it could not proceed to rule on the contempt application without clear communication and confirmation regarding the existence and status of a stay of execution order allegedly issued by the Court of Appeal. The presence of such an order, if confirmed, would have a direct bearing on whether the...
Source-derived case information.
- Citation
- [2022] KEELRC 4081 (KLR)
- Parties
- Applicant: Emmy Amwayi Mattakwa; Respondent: Kenya Revenue Authority
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 1395 of 2018
- Procedural Posture
- Contempt Application / Ruling on Application for Contempt Deferred Pending Clarification on Stay Order
- Outcome
- Ruling on contempt application deferred.
- Judges
- J Rika
- Legal Topics
- Contempt of Court, Stay of Execution, Enforcement of Judgment
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Emmy Amwayi Mattakwa
Applicant
Kenya Revenue Authority
Respondent
Procedural Posture
Contempt Application / Ruling on Application for Contempt Deferred Pending Clarification on Stay Order
Legal Issues
- 1 Whether the respondent is in contempt of court for failing to comply with the judgment delivered on March 31, 2022.
- 2 Whether the existence of a stay of execution order from the Court of Appeal affects the contempt application.
Ratio Decidendi
The court found that it could not proceed to rule on the contempt application without clear communication and confirmation regarding the existence and status of a stay of execution order allegedly issued by the Court of Appeal. The presence of such an order, if confirmed, would have a direct bearing on whether the respondent could be held in contempt for non-compliance with the judgment. Accordingly, the court deferred its ruling until the parties provide clarification on the status of the Court of Appeal proceedings and the alleged stay order.
Court Disposition
Ruling on contempt application deferred.
Orders
- Ruling on the application dated May 19, 2022 is deferred pending clarification from the parties on the presence of an order of stay of execution alleged to have been issued by the Court of Appeal.
- The parties shall move the court upon such clarification.
Full Case Text
Judgment text and source record
21 paragraphs
Mattakwa v Kenya Revenue Authority (Cause 1395 of 2018) [2022] KEELRC 4081 (KLR) (29 September 2022) (Ruling)
Neutral citation: [2022] KEELRC 4081 (KLR)
Republic of Kenya
In the Employment and Labour Relations Court at Nairobi
Cause 1395 of 2018
J Rika, J
September 29, 2022
Between
Emmy Amwayi Mattakwa
Claimant
and
Kenya Revenue Authority
Respondent
Ruling
1. The claimant filed an application dated May 19, 2022, asking the court to find the respondent in contempt of the court, for failing to abide by the Judgment of this court, delivered on March 31, 2022.
2. The parties agreed to have the application considered and determined on the basis of their affidavits and Submissions on record.
3. They confirmed filing and exchange of their submissions at the last appearance before this court, on July 1, 2022.
4. In the course of preparing the ruling, scheduled to be delivered on notice, the court has come across a letter dated June 20, 2022, addressed to the deputy registrar by the respondent’s advocates, stating that there is an order of stay of execution in the matter, issued on June 15, 2022 by the Court of Appeal.
5. The court has not seen the order itself, and it is not clear why the advocates for the respective parties, Mr Odhiambo and Ms Naeku, did not communicate the presence of the order to this court, when they asked the court to give a ruling date on July 1, 2022.
6. In the circumstances, the court shall defer its ruling until there is clear communication from the parties, on the status of the Court of Appeal proceedings if any.It Is ordered: -a.Ruling on the application dated May 19, 2022 is deferred pending clarification from the parties, on the presence of an order of stay of execution, alleged to have been issued by the Court of Appeal.b.The parties shall move this court, upon such clarification.
DATED, SIGNED AND RELEASED TO THE PARTIES ELECTRONICALLY,AT NAIROBI, UNDER THE MINISTRY OF HEALTH AND JUDICIARY COVID-19 GUIDELINES, THIS 29TH DAY OF SEPTEMBER 2022. JAMES RIKAJUDGE