[2018] KEELRC 1880 (KLR)
The court found that the applicants had met the threshold for leave to commence contempt of court proceedings, as there was prima facie evidence that the respondent's conduct—making public remarks on a radio station during the pendency of the case—could threaten the dignity of the court. The court relied on the...
Source-derived case information.
- Citation
- [2018] KEELRC 1880 (KLR)
- Parties
- Applicant: Tharaka Nithi County Government; Applicant: Tharaka Nithi Public Service Board; Respondent: Eustace Ndeke Kamunde
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nyeri
- Jurisdiction
- Kenya
- Case Number
- Application 423 of 2017
- Procedural Posture
- Contempt Application / Ruling on Leave to Commence Contempt Proceedings
- Outcome
- Leave granted to commence contempt of court proceedings; interim restraining order issued.
- Judges
- AN Makau
- Legal Topics
- Contempt of Court, Court Dignity, Ex Parte Applications
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Tharaka Nithi County Government
Applicant
Tharaka Nithi Public Service Board
Applicant
Eustace Ndeke Kamunde
Respondent
Procedural Posture
Contempt Application / Ruling on Leave to Commence Contempt Proceedings
Legal Issues
- 1 Whether the applicants have met the threshold for leave to commence contempt of court proceedings.
- 2 Whether the conduct of the respondent threatens the dignity of the court.
- 3 Whether interim orders restraining the respondent from discussing the matter publicly are warranted.
Ratio Decidendi
The court found that the applicants had met the threshold for leave to commence contempt of court proceedings, as there was prima facie evidence that the respondent's conduct—making public remarks on a radio station during the pendency of the case—could threaten the dignity of the court. The court relied on the Contempt of Court Act 2016 and English procedural rules, noting that formal leave could be granted where the circumstances warrant. The respondent's affidavit was not considered at this stage since he was not formally enjoined in the contempt proceedings. The court granted leave to file a contempt motion and issued interim orders restraining the respondent from discussing the...
Court Disposition
Leave granted to commence contempt of court proceedings; interim restraining order issued.
Orders
- Leave is granted to the applicants to commence contempt of court proceedings by filing a motion within 21 days.
- The alleged contemnor shall be served with the motion and will have 14 days to respond.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT & LABOUR RELATIONS COURT OF KENYA
AT NYERI
APPLICATION NO. 423 OF 2017
THARAKA NITHI COUNTY GOVERNMENT........1ST RESPONDENT/APPLICANT
THARAKA NITHI PUBLIC SERVICE BOARD.....2ND RESPONDENT/APPLICANT
VERSUS
EUSTACE NDEKE KAMUNDE.............................120TH CLAIMANT/RESPONDENT
RULING
1. In contempt of court proceedings we have the Contempt of Court Act 2016. The Act is still metamorphing as Rules pursuant to the provisions of the Act are yet to be promulgated. However, recourse is had to the Rules in England in such matters. Under part 81. 1.5 of the said Rules a plea for leave can be made orally. Here it is made formally and the Respondents have pointed out the aspects of the 120th Claimant’s conduct deemed offensive.
2. The statement and the affidavit in support set out in some details the matters that prompted the leave being sought. The Respondents have an interest right like any party before the court to seek to uphold the dignity of the court. It is prima facie apparent there may be cause for concern that the dignity of the court is threatened by some conduct in the form of words in a broadcast.
3. While at theex-partestage the court is not required to dig deeply into the facts, it seems the 120th Claimant presented his views in a radio station during the pendency of the cause and made remarks prompting the instant application. He has responded by an affidavit which the court will refrain from relying on as he has not been formally enjoined on the contempt proceedings.
4. In the motion, the Respondents have met the threshold for grant of the leave sought. The authorities of Republic v Tony Gachoka & the one of Republic vPS Ministry of Defence are instructive. I therefore grant leave to the Respondent to commence contempt of court proceedings by filing a motion to that effect within 21 days of today. The alleged contemnor be served with the motion upon filing and he will have 14 days to file his response to the motion.
5. Pending the hearing of the motion the court issues ex debito justitiae an order barring the alleged contemnor or his agents from discussing the matter in any radio station during the pendency of the motion.
Dated and delivered at Meru this 11th day of May 2018
Nzioki wa Makau
JUDGE