[2019] KEELRC 730 (KLR)
The court found that the application for contempt against the 1st Respondent was res judicata, as a previous ruling on 25th February 2019 had already cited the 1st Respondent for contempt for failing to reinstate the Applicant as ordered on 9th March 2018. Since the issue had already been determined, the present...
Source-derived case information.
- Citation
- [2019] KEELRC 730 (KLR)
- Parties
- Applicant: Virginia Kaluki Kalwe; Respondent: Christopher Mutinda Mutua; Respondent: Kenya County Government Workers Union Machakos Branch; Interested Party: Kenya County Government Workers Union
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 781 of 2017
- Procedural Posture
- Contempt Application / Ruling on Notice of Motion for Contempt
- Outcome
- application dismissed as res judicata
- Judges
- HS Wasilwa
- Legal Topics
- Contempt of Court, Reinstatement, Union Membership Rights
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Virginia Kaluki Kalwe
Applicant
Christopher Mutinda Mutua
Respondent
Kenya County Government Workers Union Machakos Branch
Respondent
Kenya County Government Workers Union
Interested Party
Procedural Posture
Contempt Application / Ruling on Notice of Motion for Contempt
Legal Issues
- 1 Whether the 1st Respondent is in contempt of court for failing to comply with the reinstatement order dated 9th March 2018.
- 2 Whether the application for contempt is res judicata.
Ratio Decidendi
The court found that the application for contempt against the 1st Respondent was res judicata, as a previous ruling on 25th February 2019 had already cited the 1st Respondent for contempt for failing to reinstate the Applicant as ordered on 9th March 2018. Since the issue had already been determined, the present application could not be entertained again. The court therefore dismissed the application.
Court Disposition
application dismissed as res judicata
Orders
- The application for contempt is dismissed as res judicata.
Full Case Text
Judgment text and source record
29 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT
AT NAIROBI
CAUSE NO. 781 OF 2017
(Before Hon. Justice Hellen S. Wasilwa on 18th September, 2019)
VIRGINIA KALUKI KALWE..............................................CLAIMANT/APPLICANT
-VERSUS-
CHRISTOPHER MUTINDA MUTUAL..........................................1ST RESPONDENT
KENYA COUNTY GOVERNMENT WORKERS
UNION MACHAKOS BRANCH.....................................................2ND RESPONDENT
AND
KENYA COUNTY GOVERNMENT WORKERS UNION.....INTERESTED PARTY
RULING
1. The Application before this Court is a Notice of Motion filed on 3rd May 2019, under the provisions of Sections 12 and 13 of the Employment and Labour Relations Court. The Applicant seeks the following orders:-
1. Spent
2. THATContempt proceedings commence against Christopher Mutinda Mutua the 1st Respondent for failing to comply with the terms of Ruling dated and delivered on 9th March 2018.
3. THATChristopher Mutinda Mutua the 1st Respondent be committed to civil jail for a term to be determined by this honourable court for failing to comply with the terms of Ruling dated and delivered on 9th March 2018.
4. THATthe Court issue an order that Christopher Mutinda Mutua be compelled to fully comply with the terms of the Ruling dated and delivered on 9th March 2018.
5. THATthe costs of this application be borne by the Respondent.
2. The Application is premised on the grounds that Christopher Mutinda Mutua was properly served with the Order on 12th April 2018 reinstating the Applicant to her position as Union Branch Women Representative of the 2nd Respondent. That the contemnor herein is setting a bad precedent to the administration of justice and that the Court Order was very clear. Further grounds are that pursuant to the leave of the Court, the Court directed that contempt proceedings do commence against the Contemnor and the Orders of the Court must be complied with.
3. The Application is supported by the Applicant’s Affidavit sworn on 15th April 2019 in which she reiterates the grounds set out on the face of the application. The application is unopposed and none of the parties filed written submissions. The Applicant therefore urged the Court to allow the application as prayed.
4. I have examined all the averments before me. Vide this Court’s order dated 9. 3.2018, this Court ordered reinstatement of the Claimant/Applicant to her position.
5. The application for contempt was instituted against 1st Respondent when he failed to reinstate her. I made a ruling on this contempt application on 25/2/2019 and ordered the 1st Respondent be cited for contempt. The application before me is therefore resjucata and I dismiss it accordingly.
Dated and delivered in open Court this 18th day of September, 2018.
HON. LADY JUSTICE HELLEN WASILWA
JUDGE
In the presence of:
Nyachoka holding brief Mbuvi for Applicant – Present
Respondent – Absent