[2022] KEELRC 14676 (KLR)
The court recognized the seriousness of the allegations of contempt, noting that such conduct strikes at the heart of the administration of justice and the dignity of the court. To ensure due process, the court directed that the motion alleging contempt be served on the respondents, that they file and serve their...
Source-derived case information.
- Citation
- [2022] KEELRC 14676 (KLR)
- Parties
- Applicant: Walter Ogollah; Applicant: Patrick Odemba Okuku; Respondent: Governor, County Government of Homa Bay; Respondent: Homa Bay County Public Service Board; Respondent: Homa Bay County Assembly; Respondent: Ruth Aloo; Respondent: Hon Gladys Wanga – The Governor County Government of Homa Bay; Respondent: Julius Gaya- Speaker Homa Bay County Assembly; Respondent: Faith Apuko – Clerk Homa Bay County Assembly; Respondent: Lawrence Oteng – Acting Chair Homa Bay County Public Service Board
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Petition E047 of 2022
- Procedural Posture
- Constitutional Petition / Directions
- Outcome
- directions issued; matter set for further hearing
- Judges
- S Radido
- Legal Topics
- Contempt of Court, Interlocutory Orders, Public Service Appointments
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Walter Ogollah
Applicant
Patrick Odemba Okuku
Applicant
Governor, County Government of Homa Bay
Respondent
Homa Bay County Public Service Board
Respondent
Homa Bay County Assembly
Respondent
Ruth Aloo
Respondent
Hon Gladys Wanga – The Governor County Government of Homa Bay
Respondent
Julius Gaya- Speaker Homa Bay County Assembly
Respondent
Faith Apuko – Clerk Homa Bay County Assembly
Respondent
Lawrence Oteng – Acting Chair Homa Bay County Public Service Board
Respondent
Procedural Posture
Constitutional Petition / Directions
Legal Issues
- 1 Whether the respondents disobeyed court orders restraining them from conducting interviews, vetting, approving, or appointing persons to certain public offices pending judgment.
- 2 Whether the alleged contempt undermines the administration of justice and the dignity of the court.
Ratio Decidendi
The court recognized the seriousness of the allegations of contempt, noting that such conduct strikes at the heart of the administration of justice and the dignity of the court. To ensure due process, the court directed that the motion alleging contempt be served on the respondents, that they file and serve their responses within a specified timeline, and that all parties attend court for further directions. The court's approach underscores the need for prompt and fair handling of contempt allegations to maintain the authority of judicial orders.
Court Disposition
directions issued; matter set for further hearing
Orders
- The motion dated 5 December 2022 to be served upon the respondents/alleged contemnors forthwith.
- The respondents/alleged contemnors to file and serve responses before 0930 am on 8 December 2022.
Full Case Text
Judgment text and source record
37 paragraphs
Ogollah & another v Governor, County Government of Homa Bay & 3 others; Hon Gladys Wanga – The Governor County Government of Homa Bay & 3 others (Contemnor) (Petition E047 of 2022) [2022] KEELRC 14676 (KLR) (7 December 2022) (Directions)
Neutral citation: [2022] KEELRC 14676 (KLR)
Republic of Kenya
In the Employment and Labour Relations Court at Kisumu
Petition E047 of 2022
S Radido, J
December 7, 2022
Between
Walter Ogollah
1st Petitioner
Patrick Odemba Okuku
2nd Petitioner
and
Governor, County Government of Homa Bay
1st Respondent
Homa Bay County Public Service Board
2nd Respondent
Homa Bay County Assembly
3rd Respondent
Ruth Aloo
4th Respondent
and
Hon Gladys Wanga – The Governor County Government of Homa Bay
Contemnor
Julius Gaya- Speaker Homa Bay County Assembly
Contemnor
Faith Apuko – Clerk Homa Bay County Assembly
Contemnor
Lawrence Oteng – Acting Chair Homa Bay County Public Service Board
Contemnor
Directions
1. On 29 November 2022, the court issued an order restraining the respondents from further conducting any interviews, vetting, approving, or appointing any persons to the positions of Chief Officers, Directors, and Deputy Directors, pending delivery of judgment.
2. The petitioners have today filed a motion alleging that the respondents have blatantly disrespected the said orders and consequently asks the court to find and hold them in contempt.
3. Contempt strikes at the very heart of the administration of justice and the dignity of thecourt, and where contempt is alleged, the court should move with dispatch to uphold its dignity.
4. Thecourt directs:(i)The motion dated 5 December 2022 be served upon the respondents/alleged contemnors forthwith.(ii)The respondents/alleged contemnors to file and serve responses before 0930 am on 8 December 2022. (iii)Therespondents, either in person or through counsel to attend the Court on 8 December 2022 at 10. 00 am for further directions.
5. Costs in the cause.Issued in Kisumu on this 7th day of December 2022.
Radido Stephen, MCIArbJudge