[2018] KEELRC 156 (KLR)
The court found that the evidence, including the audio recording and witness identification, established that the 120th Claimant, Eustace Ndeke Kamunde, spoke publicly about the matter before the court in a manner amounting to contempt. The court rejected the Claimant's argument that the recording was manipulated,...
Source-derived case information.
- Citation
- [2018] KEELRC 156 (KLR)
- Parties
- Respondent: Tharaka Nithi County Government; Respondent: Tharaka Nithi Public Service Board; Claimant: Eustace Ndeke Kamunde
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nyeri
- Jurisdiction
- Kenya
- Case Number
- Cause 30 of 2017
- Procedural Posture
- Employment Cause / Ruling on Contempt Application
- Outcome
- Claimant found guilty of contempt of court and sentenced to one day community service.
- Judges
- AN Makau
- Legal Topics
- Contempt of Court, Disciplinary Proceedings, Court Orders Enforcement
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Tharaka Nithi County Government
Respondent
Tharaka Nithi Public Service Board
Respondent
Eustace Ndeke Kamunde
Claimant
Procedural Posture
Employment Cause / Ruling on Contempt Application
Legal Issues
- 1 Whether the 120th Claimant, Eustace Ndeke Kamunde, committed contempt of court by speaking publicly about a matter before the court.
- 2 Whether the evidence presented, including the audio recording, sufficiently proves contempt.
- 3 What is the appropriate sanction for the contempt committed.
Ratio Decidendi
The court found that the evidence, including the audio recording and witness identification, established that the 120th Claimant, Eustace Ndeke Kamunde, spoke publicly about the matter before the court in a manner amounting to contempt. The court rejected the Claimant's argument that the recording was manipulated, reasoning that even if the recording was altered, the Claimant must have participated to facilitate such alteration. The court concluded that the Claimant's defence was an attempt at obfuscation and that the Respondents had established a basis for the contempt complaint. As a result, the Claimant was found guilty of contempt of court and convicted accordingly. In mitigation, the...
Court Disposition
Claimant found guilty of contempt of court and sentenced to one day community service.
Orders
- The 120th Claimant is convicted of contempt of court.
- The 120th Claimant is sentenced to one day of community service at Nyeri Law Courts, to be performed from 8:00 am to 5:00 pm as directed.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT & LABOUR RELATIONS
COURT OF KENYA AT NYERI
CAUSE NO. 30 OF 2017
(Formerly ELRC NYERI 423 of 2017)
THARAKA NITHI COUNTYGOVERNMENT.......1ST RESPONDENT/APPLICANT
THARAKA NITHI PUBLICSERVICE BOARD......2ND RESPONDENT/APPLICANT
VERSUS
EUSTACE NDEKE KAMUNDE..............................120TH CLAIMANT/RESPONDENT
RULING
1. The 120th Claimant Ndeke Kamunde was captured per the Respondent’s evidence speaking about the matter before Court in a manner that suggested contempt of Court. The Respondent’s witnesses including the Newscaster and the Reporter on the ground identify the 120th Claimant as the person who spoke on the matter before Court. The Respondent’s testimony on this was tested by the 120th Claimant. On his part he states that the recording is a manipulation of the voices that appear on the recording and the fact that Rosemary Gatiria confirms she did not record him and obtained it from elsewhere is sufficient basis for the dismissal of the said application. The court heard the clip, the record speaks for itself and if indeed the 120th Claimant is to be believed that the recording was manipulated and computer generated he must have spoken to facilitate the said alteration. I do not buy that argument and find that indeed there is basis for the Respondent’s complaints to Court on the contempt. In as far as the 120th Claimant’s defence goes it is clearly an attempt of obfuscation. I find him guilty of the offence of contempt of Court and accordingly convict him. He is to mitigate before I sentence him.
2. As Claimant No. 120 is a first offender and appeared to make a mistake that he regrets he is sentenced to one day of Community Service at Nyeri Law Courts. He will work as directed cleaning or whatever else he will be assigned to do from tomorrow at 8. 00 am to 5. 00 pm. For that he is to be taken by the Bailiff and processed to appear tomorrow to serve his sentence. He need not be placed in custody but give his personal recognisance to attend as directed. The Court will not punish him with an order for costs. This should serve as a warning to others who may be tempted to commit contempt of Court.
It is so ordered.
Dated and delivered at Nyeri this 5th day of December 2018
Nzioki wa Makau
JUDGE