[2024] KEELRC 13595 (KLR)
The court found that the Applicant failed to provide sufficient and admissible evidence to substantiate the allegations of contempt against the Respondents and Contemnors. The annexed documents, such as screen grabs, did not meet the requirements of Section 106B of the Evidence Act and were therefore inadmissible....
Source-derived case information.
- Citation
- [2024] KEELRC 13595 (KLR)
- Parties
- Applicant: Medical Practitioners, Pharmacists and Dentists’ Union; Respondent: County Government of Kiambu; Respondent: Kiambu County Public Service Board; Contemnor: Peter Ndegwa; Contemnor: Martin Njeri; Contemnor: Allan Mwaura; Contemnor: Elias Maina; Contemnor: Nancy Kirumba; Contemnor: James Kimani; Contemnor: Stephen Thenya Mwangi
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Constitutional Petition 174 of 2024
- Procedural Posture
- Constitutional Petition / Ruling on Interlocutory Application for Mandatory Injunction and Contempt
- Outcome
- application dismissed
- Judges
- HS Wasilwa
- Legal Topics
- Salary Withholding, Contempt of Court, Status Quo Orders, Disciplinary Processes, Union Rights
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Medical Practitioners, Pharmacists and Dentists’ Union
Applicant
County Government of Kiambu
Respondent
Kiambu County Public Service Board
Respondent
Peter Ndegwa
Contemnor
Martin Njeri
Contemnor
Allan Mwaura
Contemnor
Elias Maina
Contemnor
Nancy Kirumba
Contemnor
James Kimani
Contemnor
Stephen Thenya Mwangi
Contemnor
Procedural Posture
Constitutional Petition / Ruling on Interlocutory Application for Mandatory Injunction and Contempt
Legal Issues
- 1 Whether the Respondents and Contemnors disobeyed court orders by removing Interested Parties from the payroll and failing to pay salaries.
- 2 Whether the Applicant provided sufficient admissible evidence to prove contempt of court.
- 3 Whether the orders sought would preempt the substantive issues in the main Petition.
Ratio Decidendi
The court found that the Applicant failed to provide sufficient and admissible evidence to substantiate the allegations of contempt against the Respondents and Contemnors. The annexed documents, such as screen grabs, did not meet the requirements of Section 106B of the Evidence Act and were therefore inadmissible. The court further held that the issues raised in the application overlapped with those pending determination in the main Petition, and granting the orders sought would risk preempting the substantive issues at an interlocutory stage. The Applicant did not demonstrate that the cited Contemnors were responsible for payroll management or that the Interested Parties were union...
Court Disposition
application dismissed
Orders
- The application dated 2nd December 2024 is dismissed.
- Costs of the application shall be in the petition.
Full Case Text
Judgment text and source record
686 paragraphs
Medical Practitioners, Pharmacists and Dentists’ Union v County Government of Kiambu & another; Njeru & 316 others (Interested Parties); Ndegwa & 6 others (Contemnor) (Constitutional Petition 174 of 2024) [2024] KEELRC 13595 (KLR) (18 December 2024) (Ruling)
Neutral citation: [2024] KEELRC 13595 (KLR)
Republic of Kenya
In the Employment and Labour Relations Court at Nairobi
Constitutional Petition 174 of 2024
HS Wasilwa, J
December 18, 2024
IN THE MATTER OF ARTICLE 22(1) & (2) (B) & (C) OF THE CONSTITUTION OF KENYA AND IN THE MATTER OF CONTINUOUS VIOLATION OF RIGHTS OR FUNDAMENTAL FREEDOMS UNDER ARTICLES 41(2), 43 AND 47(1) & (2) OF THE CONSTITUTION OF KENYA AND IN THE MATTER OF CONTINUOUS VIOLATION OF SECTION 18 (2) (B) OF THE EMPLOYMENT & LABOUR RELATIONS ACT AND IN THE MATTER OF CONTINUOUS VIOLATION OF CONVENTION 95 ARTICLE 12 (1) OF THE ILO PROTECTION OF WAGES CONVENTION, 1949 AND IN THE MATTER OF CONTINUOUS VIOLATION OF ARTICLE D.1. 0 (2) PAYMENT OF SALARY OF THE COUNTY GOVERNMENT OF KIAMBU HUMAN RESOURCE POLICIES AND PROCEDURES MANUAL FOR THE COUNTY PUBLIC SERVICE
Between
Medical Practitioners, Pharmacists and Dentists’ Union
Petitioner
and
County Government of Kiambu
1st Respondent
Kiambu County Public Service Board
2nd Respondent
and
Dr Nyaga, Patrick Njeru
Interested Party
Dr Chiuri, David Isaac Mbogo
Interested Party
Dr Kiragu, Sylvia Wanjiru
Interested Party
Dr Mwangi, Caroline Mercy Wambui
Interested Party
Dr Mugho, Stella Njeri
Interested Party
Dr Kagunda, Edith Wacera
Interested Party
Dr Parklea, Nancy Relin
Interested Party
Dr Nganga, Alice Wambui
Interested Party
Dr Muniu, Samuel Nganga
Interested Party
Dr Njoroge, John Githua
Interested Party
Dr Muruthi, Patriciah Nyaguthii
Interested Party
Dr Njoroge, Peter Ngugi
Interested Party
Dr Kagondu, Fredrick Ngugi
Interested Party
Dr Kinyanjui, Dennis Githire
Interested Party
Dr Vivian, Cheboiwo Chepchirchir
Interested Party
Dr Ngunyi, Ruth Nduta
Interested Party
Dr Omondi, Dorynn Wangarisarah
Interested Party
Dr Chege, John Gichunji
Interested Party
Dr Njuguna, Kaggiah Kinuthia
Interested Party
Dr Nginya, Keziah Waithiegeni
Interested Party
Dr Obasa, Nectarios Adidwa
Interested Party
Dr Kuria, Hildah Wambui
Interested Party
Dr Ndungu, Monica Njeri
Interested Party
Dr Nyairo, Duphin Moraa
Interested Party
Dr Mudachi, Faith Nthoki
Interested Party
Dr Odhiambo, Levitan Omondi
Interested Party
Dr Wairagu, Patrick Miako
Interested Party
Dr Maina, Alex Githaiga
Interested Party
Dr Waiyaki, Kariuki Kinuthia
Interested Party
Dr Chepchumba, Sharon Lesa
Interested Party
Dr Mugane, Brenda Mumbi
Interested Party
Dr Thuo, Moses Njoroge
Interested Party
Dr Chege, Ruth Waithira
Interested Party
Dr Njogu, Rachael Wambeere
Interested Party
Dr Mwangi, Lynette Waruguru
Interested Party
Dr Njonge, Josephine Njoki
Interested Party
Dr Kimani, Winfred Wanjiru
Interested Party
Dr Mohamed, Fatma
Interested Party
Dr Gikuri, Lloyd Ojowi
Interested Party
Dr Wachira, John Kinyua
Interested Party
Dr Abubakar, Maisam Mohamed
Interested Party
Dr Mugenyu, Lilian Wangeci
Interested Party
Dr Ngamau, Florence Wangui
Interested Party
Dr Kamau, Christine Gathoni
Interested Party
Dr Magara, Marvin Mwamba
Interested Party
Dr Okode, Neema Anyango
Interested Party
Dr Mburu, Betty Wangari
Interested Party
Dr Wambgu, Martin Maina
Interested Party
Dr Rigii, Jackline Wambui
Interested Party
Dr Mutabari, Evyonne Kathure
Interested Party
Dr Mwangi, Tarsey Njoki
Interested Party
Dr Kanjumba, Macharia Mwaniki
Interested Party
Dr Mbae, Denis Nkonge
Interested Party
Dr Wanjau, Maureen Mumbi
Interested Party
Dr Gachugia, Beth Waithera
Interested Party
Dr Kinyua, Dennis Muthomi
Interested Party
Dr Koome, Daniel Kinyua
Interested Party
Dr Irungu, Virginia Wangechi
Interested Party
Dr Kinyua, Richard Kamungu
Interested Party
Dr Munke, Simaton
Interested Party
Dr Kimani, Daniel Ndungu
Interested Party
Dr Muiru, Ruth Wanjiru
Interested Party
Dr Munene, Naomi Muthoni
Interested Party
Mr Wahwai, Ndirie
Interested Party
Dr Namugenyi, Christine Vicky
Interested Party
Mr Nyarunda, Daniel Kiyondi
Interested Party
Dr Musonye, Lilian Abscondita
Interested Party
Dr Kangesa, Allan Owuor
Interested Party
Dr Gicharu, Lilian Wambui
Interested Party
Dr Kamara, Brian Wamathai
Interested Party
Dr Gitau, Mary Wathanu
Interested Party
Dr Muchiri, Sheila Wanjiru
Interested Party
Miss Githaiga, Jane Njeri
Interested Party
Dr Kironyo, David Karanja
Interested Party
Dr Mwathi, Sylvia Njambi
Interested Party
Dr Kamau, Charles Chege
Interested Party
Dr Shabaan, Winnie Vivian Nkirote
Interested Party
Dr Mohamud, Anisa Mahboub
Interested Party
Dr Kimaru, Leonard Mwangi
Interested Party
Dr Karanja, Arthur Mugu
Interested Party
Dr Kariuki, Gideon Kolesh
Interested Party
Dr Wanyanga, Levin Anyanga
Interested Party
Dr Borus, Fiona Chebichii
Interested Party
Dr Mburu, Edwin Njuguna
Interested Party
Dr Makena, Dorothy
Interested Party
Dr Waweru, Salome Wanjiku
Interested Party
Dr Wairagu, Ann Wanjiru
Interested Party
Dr Muhuhu, Peter Njoroge
Interested Party
Dr Ochieng, Grace Aketch
Interested Party
Dr Lydia, Thuranira Nkirote
Interested Party
Mrs Ndwiga, Daisy Njeri
Interested Party
Dr Mulingwa, Philip
Interested Party
Dr Gitau, Simon Maina
Interested Party
Dr Muthumbi, Bernadine Nanjala
Interested Party
Dr Wanjohi, Joseph Muchiri
Interested Party
Dr Gachuiri, Thomas Thiga
Interested Party
Dr Kamau, Esther Marigu
Interested Party
Dr Ngatia, Eunice Wanjiku
Interested Party
Dr Mwita, Clifford Chacha
Interested Party
Dr Mugweru, Eunice Wairimu
Interested Party
Dr Ng'ang'a, Irene Hannah Njeri
Interested Party
Dr Wambua, Patricia Leila Mumbua
Interested Party
Dr Muchiri, Ndungu
Interested Party
Dr Maina, Mary Wanjiku
Interested Party
Dr Kiaraho, Maureen Nyatuga
Interested Party
Dr Karimi, June Muthoni
Interested Party
Dr Chege, Dianne Mumbi
Interested Party
Dr Mbae, Linet Kendi
Interested Party
Dr Gichagua, Mary Wambui
Interested Party
Dr Njenga, Winnie Wambui
Interested Party
Dr Nguu, Linda Kamathi
Interested Party
Dr Gachanja, Margaret Wanjiru
Interested Party
Dr Mwangi, Patrick Muchunu
Interested Party
Dr Kimani, Teresia Njoki
Interested Party
Dr Ndirangu, Moses Ndiritu
Interested Party
Dr Mwancha, Carolyn Magoma
Interested Party
Dr Mohammed, Subaha
Interested Party
Dr Mumbura, Cyrus Kamau
Interested Party
Dr Maawiya, Hindu Abdurahman
Interested Party
Dr Mohamed, Saudiyya
Interested Party
Dr Murage, Antony Kamau
Interested Party
Dr Okinyi, Lilian Kerubo
Interested Party
Dr Murianki, Catherine Karwitha
Interested Party
Dr Onkunya, Brenda Hilda
Interested Party
Miss Munyendo, Catherine Wangatia
Interested Party
Dr Mwaniki, Benson Karimi
Interested Party
Dr Gichere, Raphael Nderitu
Interested Party
Dr Nyambaka, Kevin Omao
Interested Party
Dr Rashida, Admani Mohamed
Interested Party
Dr Misango, Samson Robert
Interested Party
Dr Mutisya, Mary Mbula
Interested Party
Dr Macharia, Isaac Mwangi
Interested Party
Dr Muchena, Robert Mionki
Interested Party
Dr Mbogo, David Mbui
Interested Party
Dr Gachau, Macharia Muchunu
Interested Party
Dr Mbuga, Margaret Nyakinyua
Interested Party
Dr Muthama, Joyce Wangui
Interested Party
Dr Njoroge, Maureen Muthoni
Interested Party
Dr Mwangi, Geoffrey Chege
Interested Party
Dr Wanjohi, Florence Wangechi
Interested Party
Dr Njoroge, Joseph Mukora
Interested Party
Dr Riro, Moses Mwita
Interested Party
Dr Ngugi, Jesse Gakunyi
Interested Party
Dr Kimani, Everlyn Ng'endo
Interested Party
Dr Maina, Maxwell Murage
Interested Party
Dr Njiiri, Peris Wanjiku
Interested Party
Dr Muhiamarion, Marion Wanjiku
Interested Party
Dr Kimani, Josphine Njeri
Interested Party
Dr Mwea, Bernson Macharia
Interested Party
Dr Kaderdina, Munira Mohammed Akram
Interested Party
Dr David, Ndegwa Nyokabi
Interested Party
Dr Macharia, Joseph Gatheru
Interested Party
Dr Njuguna, Judy Wanjiku
Interested Party
Dr Gichane, Hermes Wanjiku
Interested Party
Dr Kamiri, Keneth Muthee
Interested Party
Dr Ndegwa, Daniella Wangui
Interested Party
Dr Wekesa, Angela Namarome
Interested Party
Dr Macharia, Charles Ngugi
Interested Party
Dr Wakhayanga, Juma Olunga
Interested Party
Dr Makau, Peninnah Mwikali
Interested Party
Dr Obonyo, Lawrence Ochieng
Interested Party
Dr Mwangi, Sheila Wanjiru
Interested Party
Dr Njihia, Samuel Mumira
Interested Party
Dr Irungu, Anne Nyambura
Interested Party
Dr Ng'ang'a, Gerald Kihuga
Interested Party
Dr Opanga, Patrick Julius Nyamboko
Interested Party
Dr Ngugi, Francis Wanganga
Interested Party
Dr Gachuki, Amos Kariuki
Interested Party
Dr Otieno, Bruce Semo
Interested Party
Dr Yussuf, Nasri Mohamed
Interested Party
Dr Karwal, Satbir Singh
Interested Party
Dr Mwaura, Kenneth Kiarie
Interested Party
Dr Musoma, Sophie Nyaombe
Interested Party
Dr Mugo, Robert Murithi
Interested Party
Dr Kibuti, Peninah Waturi
Interested Party
Dr Ngethe, Janet Wanjiru
Interested Party
Dr Mureithi, Dennis Karugu
Interested Party
Dr Gitau, Ryan Nyotu
Interested Party
Dr Muthiora, June Nyakianda
Interested Party
Dr Keitany, Christine
Interested Party
.Dr Mulu, Ruth Mutoni
Interested Party
Dr Irungu, Eric Teddy Mwangi
Interested Party
Dr Kibathi, Catherine Njeri
Interested Party
Dr Mativo, Boniface
Interested Party
Dr Warui, Lisper Elishiba Wangeci
Interested Party
Dr Juma, Hadija Waithera
Interested Party
Dr Kimani, Kelvin Muiruri
Interested Party
Dr Kinyanjui, Semindei Kamande
Interested Party
Dr Njoroge, Mary Wambui
Interested Party
Dr Mworia, Angela Nkirote
Interested Party
Dr Kihagi, Consolata Wangeci
Interested Party
Dr Mungai, Paul Gachihi
Interested Party
Dr Mworia, Ken Muthuuri
Interested Party
Dr Nyaga, Wariimi Karingi
Interested Party
Dr Mokoro, Dickson Oginda
Interested Party
Dr Awadh, Warda Hassan Juman
Interested Party
Dr Nguringa, Kevin
Interested Party
Dr Mwatha, Caroline Wangui
Interested Party
Dr Karimi, Yvonne Freda Wanjiru
Interested Party
Dr Kamau, Miricho Ndungu
Interested Party
Dr Kangethe, Brenda Muthoni
Interested Party
Dr Guantai, Christine Kathambi Muka
Interested Party
Dr Kamau, John Mwangi
Interested Party
Dr Mohamed, Alawiya Abdulkadir
Interested Party
Dr Sheikh, Mohamed Ahmed
Interested Party
Dr Wanjohi, Priscilla Wanjiku
Interested Party
Dr Adagi, Marjorie Lunyagi
Interested Party
Dr Maina, David Wachira
Interested Party
Dr Muthua, Powell Kanina
Interested Party
Dr Kamau, Joy Wangithi
Interested Party
Dr Wangari, Angeline Wangui
Interested Party
Dr Ngungua, Stephen Mwendwa
Interested Party
Dr Kanyagia, Paul Miring'u
Interested Party
Dr Kiprotich, Ngetich
Interested Party
Dr Kitili, Martha Ndanu
Interested Party
Dr Chahilu, Lydia Undisa
Interested Party
Dr Njoroge, William Waihenya
Interested Party
Dr Ochoki, Phillip Muigai
Interested Party
Dr Karanga, James Kimani
Interested Party
Dr Muiruri, Emily Ngonyo
Interested Party
Dr Karuri, Salome Wanjiru
Interested Party
Dr Kagunya, Emma Wanjiku
Interested Party
Dr Ojwang, Michael Kocholla
Interested Party
Dr Onyancha, Brenda Nyang'ate
Interested Party
Dr Kimani, Tabitha Wambui
Interested Party
Dr Peter, Hellen Mwongeli
Interested Party
Dr Mwangi, Robert Kamau
Interested Party
Dr Kung'u, Benina Muthoni
Interested Party
Dr Kamau, Esther Wanjiru
Interested Party
Dr Gichuki, Hillary Kagwa
Interested Party
Dr Maina, Nicole Wamaitha
Interested Party
Dr Gerald, Munyao Muendo
Interested Party
Dr Kirira, George Muraya
Interested Party
Dr Wanjohi, Evans Mwangi
Interested Party
Dr Githinji, James Maina
Interested Party
Dr Nganga, Martin Kamau
Interested Party
Dr Murage, Winfred Mugure
Interested Party
Dr Karimi, Patience Wanjiru
Interested Party
Dr Ambetsa, Margaret Omuronji
Interested Party
Dr Njeri, Gladys Waweru
Interested Party
Dr Mbui, Jennifer Muthoni
Interested Party
Dr Muketha, Derrick Munene
Interested Party
Dr Kabiru, Charles Mwangi
Interested Party
Dr Omondi, Anish Okeyo
Interested Party
Dr Ayienga, Peres Kwamboka
Interested Party
Dr Ng'ang'a, Agnes Wambui
Interested Party
Dr Wambu, Wanjiru Wangari
Interested Party
Dr Muritu, Elizabeth Waithera
Interested Party
.Dr Gicharu, Regina Gathoni
Interested Party
Dr Kamau, Njeri
Interested Party
Dr Kabui, Daniel Wainaina
Interested Party
Dr Mugai, Faith Wangeci
Interested Party
Dr Kariuki, Andrew Kariuki
Interested Party
Dr Nyaga, Muthoni
Interested Party
Dr Kathare, Joseph Murithi
Interested Party
Dr Kimari, Esther Wangui
Interested Party
Dr Patel, Nilam Subhaschandra
Interested Party
Dr Mwicharo, Lawrence Kaniu
Interested Party
Dr Muhuni, James Eliezer Njoroge
Interested Party
Dr Maina, Ruth Wandia
Interested Party
Dr Kiragu, George Mwangi
Interested Party
Dr Ngaruiya, Andrew Muoria
Interested Party
Dr Gathungu, Kevin Kahuthu
Interested Party
Dr Maina, Samuel Kamau
Interested Party
Dr Wachira, Caroline Chaki
Interested Party
Dr Mwangi, Nelly Wanjiru
Interested Party
Dr Wanjohi, Judith Nyawira
Interested Party
Dr Muregi, Cynthia Nduta
Interested Party
Dr Mburu, Anita Wairimu
Interested Party
Dr Kihara, Hannah Wanja
Interested Party
Dr Mbaabu, Glory Kinya
Interested Party
Dr Muasya, Patrick Kitheka
Interested Party
Dr Matara, Dorine Nyak
Interested Party
Dr Muthami, Rita Wanjugu
Interested Party
Dr Muli, Mercy Mueni
Interested Party
Dr Rumberia, Beatrice Karimi
Interested Party
Dr Wangui, Lilian
Interested Party
Dr Rungu, Sylvia Gatwiri
Interested Party
Dr Lihanda, Bevin Likuyani
Interested Party
Dr Munyua, George Mwangi
Interested Party
Dr Ngariko, Grace Wangui
Interested Party
Dr Njiru, Irene Waruguru
Interested Party
Dr Kamundia, Rufus Muchemi
Interested Party
Dr Machogu, Beldina Nyabate
Interested Party
Dr Musyoka, Alvin Lungo
Interested Party
Dr Munyi, Lilian Kageni
Interested Party
Dr Kamau, Minneh Gathoni
Interested Party
Dr Ndegwa, Esther Gathoni
Interested Party
Dr Mutunga, Emily Katunge
Interested Party
Dr Ganatra, Anbar Aslam
Interested Party
Dr Waweru, Stephen Chomba
Interested Party
Dr Mbiu, James Chege
Interested Party
Dr Ombija, Patience Akinyi
Interested Party
Dr Maina, Alice Wangeci
Interested Party
Dr Kimani, Faith Wairimu
Interested Party
Dr Muriithi, Annette Wambui
Interested Party
Dr Gikunda, Mary Kathure
Interested Party
Dr Wanjohi, Rose Wangeci
Interested Party
Dr Macharia, Lucy Munjiru
Interested Party
Dr Juma, Moses Njoroge
Interested Party
Dr Irungu, Ruth Wambui
Interested Party
Dr Masinde, Pauline Beryl Chuli
Interested Party
Dr Maina, Gladys Wakonyo
Interested Party
Dr Njue, Mercy Murugi
Interested Party
Dr Matthew Kenji Ikahu
Interested Party
Dr Brian Waithaka Mwangi
Interested Party
Dr Joshua Macharia Maina
Interested Party
Dr Joan Kainyu Gikundi
Interested Party
Dr Grace Wachuka Thuku
Interested Party
Dr Vincent Munene Ngore
Interested Party
Dr Micheal Njaeri Kabaara
Interested Party
Dr Alex Warui Kuria
Interested Party
Dr Peninah Waringwa
Interested Party
Dr Fredrick Njuguna Muiruri
Interested Party
Dr Isaac Mukuria Gitau
Interested Party
Dr Amakabawe Daniel Mikalo
Interested Party
Dr Lynne Muthoni Gathuru
Interested Party
and
Peter Ndegwa
Contemnor
Martin Njeri
Contemnor
Allan Mwaura
Contemnor
Elias Maina
Contemnor
Nancy Kirumba
Contemnor
James Kimani
Contemnor
Stephen Thenya Mwangi
Contemnor
Ruling
1. The Applicant filed an application dated 28th November 2024, seeking urgent orders, including a mandatory injunction compelling the Respondents to immediately pay the salaries of the Interested Parties for October and November 2024 and remit union dues and statutory deductions. The Applicant also seeks summons against the cited Contemnors for disobedience of this Court’s Orders issued on 28th October 2024 and 7th November 2024.
2. Further, the Applicant prays that the Respondents and Contemnors be denied further audience before this Court except for showing cause why they should not be committed to civil jail.
3. The Applicant alleges that the Respondents have violated the rights of the Interested Parties, who are essential service workers, by removing them from the payroll and failing to remit their salaries and statutory deductions, contrary to Article 41(2)(a) and (b) of the Constitution, Article 43 of the Constitution, and Section 18(2)(b) of the Employment Act. These actions are further said to contravene Convention 95 Article 12(1) of the ILO Protection of Wages Convention, 1949, and the County Government of Kiambu Human Resource Policies and Procedures Manual.
4. The Applicant contends that the Respondents’ actions violate Court Orders that directed the maintenance of the status quo pending the hearing of the Petition. Despite being present during the issuance of these Orders and having been served, the Respondents allegedly failed to comply and instead removed several Interested Parties from the payroll without following disciplinary procedures.
5. The Applicant argues that unless the Court intervenes urgently, the Interested Parties will continue to suffer grave prejudice, with their families and dependents left destitute. Further, the Applicant submits that the Respondents’ actions undermine the authority and dignity of the Court and erode public trust in its processes. The Applicant emphasizes the need for urgent intervention before the December Court recess to protect the Interested Parties and secure the integrity of the Court's Orders.
6. The Application is supported by the affidavit of Dr. Davji Bhimji Atellah, and the Applicant prays for the Court's swift and decisive action in the interest of justice and to preserve the sanctity of Court processes.
7. The 1st Interested Party Dr. Nyaga Patrick Njeru, the Chief Officer of Health Services for the Respondent, through a Replying Affidavit dated 4th December 2024, opposes the Petitioner’s Application dated 2nd December 2024, stating that they were enjoined in the proceedings without their consent or approval.
8. The 1st Interested Party asserts that their role does not involve matters of human resources or payroll, and no evidence has been tendered by the Interested Parties to substantiate the allegations against them.
9. The 1st Interested Party contends that issues relating to salaries and disciplinary processes have been adequately addressed in the Replying Affidavit of Mr. Peter Ndegwa, the County Secretary and Head of Public Service for the Respondents, sworn on 22nd November 2024. They assert that internal disciplinary processes had commenced prior to the status quo orders issued on 28th October 2024 and that no further action has been taken pending the determination of the matter by the Court.
10. Regarding allegations of payroll removal, the 1st Interested Party submits that no evidence has been presented to substantiate the claims, noting that annexed documents, such as screen grabs, fail to comply with Section 106B of the Evidence Act and lack accompanying certificates of electronic evidence. The screen grabs, if considered, only state that “your current payslip has not been processed” without indicating the date or time of access or disclosing material information to support the allegations.
11. Additionally, it is noted that no affidavit has been sworn by the alleged affected persons confirming their membership to the union or authorizing the filing of the matter on their behalf. Of the 35 alleged affected persons, only 11 screen grabs have been provided, and one of the individuals identified does not appear as an Interested Party or on the list of affected persons.
12. The 1st Interested Party further asserts that the allegations in the application are hearsay, lack admissible evidence, and fail to disclose any conduct by the purported contemnors that defies the authority and dignity of the Court. They urge the Court to decline to grant the orders sought in the Application.
13. Having considered the submissions, affidavits, and evidence presented, as well as the applicable legal principles and statutory provisions, applicant has not raised valid reasons relating to why the contemnors were singled out. They have submitted that they are not concerned with payroll management of the respondents. They have also averred that there is no evidence submitted by the applicants that the members listed belong to the union. There is also misjoinder of the parties as the 1st interested party is now a contemnor yet he is not a member of the union.
14. This court gave orders of status quo. At the time on 28th October the issue related to delayed salary payment. The applicants’ members had also been issued with show cause letters. The court directed status quo orders an indication that no further disciplinary action was to be taken against the applicants’ members.
15. The applicants aver that their members have been removed from the payroll which fact is not backed by any evidence save to indicate that salary has been delayed. This in my view is not proof of disobedience of court orders as issued.
16. This Court finds that the Applicant has failed to provide sufficient and admissible evidence to substantiate the allegations against the Respondents and the purported contemnors. The claims are largely uncorroborated, and the annexed documents do not meet the evidentiary requirements under Section 106B of the Evidence Act to be admissible before this Court.
17. Further, the issues raised in the application appear to overlap with those already pending determination in the main Petition, scheduled for mention on 15th January 2025. Granting the orders sought would risk preempting the substantive issues and determining the Petition at an interlocutory stage, contrary to established legal principles.
18. In light of the foregoing, the Application dated 2nd December 2024 is found unmerited and is hereby dismissed. Costs of the application shall be in the petition.
DATED, SIGNED AND DELIVERED VIRTUALLY IN NAIROBI THIS 18THDAY OF DECEMBER, 2024. HELLEN WASILWAJUDGEORDERIn view of the declaration of measures restricting Court operations due to the COVID-19 pandemic and in light of the directions issued by His Lordship, the Chief Justice on 15th March 2020 and subsequent directions of 21st April 2020 that judgments and rulings shall be delivered through video conferencing or via email. They have waived compliance with Order 21 Rule 1 of the Civil Procedure Rules, which requires that all judgments and rulings be pronounced in open Court. In permitting this course, this Court has been guided by Article 159(2)(d) of the Constitution which requires the Court to eschew undue technicalities in delivering justice, the right of access to justice guaranteed to every person under Article 48 of the Constitution and the provisions of Section 1B of the Procedure Act (Chapter 21 of the Laws of Kenya) which impose on this Court the duty of the Court, inter alia, to use suitable technology to enhance the overriding objective which is to facilitate just, expeditious, proportionate and affordable resolution of civil disputes.A signed copy will be availed to each party upon payment of Court fees.HELLEN WASILWAJUDGE