[2023] KEELRC 1471 (KLR)
The court found that there was no sufficient evidence provided by the applicants to demonstrate that the respondents had filled the four reserved positions in violation of the interim orders. Contempt is a serious accusation and must be premised on clear and sufficient evidence, which was lacking in this case. The...
Source-derived case information.
- Citation
- [2023] KEELRC 1471 (KLR)
- Parties
- Applicant: Godfrey Kimanzi Zakayo; Applicant: Geoffrey Mulinge Changangu; Applicant: Enock Kimanzi Nguthu; Applicant: Joseph Kimanga Mutua; Respondent: Kitui County Public Service Board; Respondent: County Government of Kitui; Respondent: The Governor of the County Government of Kitui; Respondent: The Kitui County Assembly
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Petition E212 of 2022
- Procedural Posture
- Contempt Application / Ruling on Contempt Application
- Outcome
- application for contempt dismissed
- Judges
- NJ Abuodha
- Legal Topics
- Contempt of Court, Interim Orders, Employment Termination, Public Service Employment
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Godfrey Kimanzi Zakayo
Applicant
Geoffrey Mulinge Changangu
Applicant
Enock Kimanzi Nguthu
Applicant
Joseph Kimanga Mutua
Applicant
Kitui County Public Service Board
Respondent
County Government of Kitui
Respondent
The Governor of the County Government of Kitui
Respondent
The Kitui County Assembly
Respondent
Procedural Posture
Contempt Application / Ruling on Contempt Application
Legal Issues
- 1 Whether the respondents were in contempt of court orders by filling the four reserved positions contrary to interim orders.
- 2 Whether sufficient evidence was provided to prove contempt of court.
Ratio Decidendi
The court found that there was no sufficient evidence provided by the applicants to demonstrate that the respondents had filled the four reserved positions in violation of the interim orders. Contempt is a serious accusation and must be premised on clear and sufficient evidence, which was lacking in this case. The court therefore found the application for contempt unmerited and declined to delve further into the matter, emphasizing the need to expedite the substantive hearing of the petition regarding the employment status of the petitioners.
Court Disposition
application for contempt dismissed
Orders
- The application for contempt is unmerited and is dismissed.
- The matter should be fast-tracked for substantive hearing and determination.
Full Case Text
Judgment text and source record
33 paragraphs
Zakayo & 3 others v Kitui County Public Service Board & 2 others; Kitui County Assembly (Interested Party) (Petition E212 of 2022) [2023] KEELRC 1471 (KLR) (9 June 2023) (Ruling)
Neutral citation: [2023] KEELRC 1471 (KLR)
Republic of Kenya
In the Employment and Labour Relations Court at Nairobi
Petition E212 of 2022
NJ Abuodha, J
June 9, 2023
Between
Godfrey Kimanzi Zakayo
1st Petitioner
Geoffrey Mulinge Changangu
2nd Petitioner
Enock Kimanzi Nguthu
3rd Petitioner
Joseph Kimanga Mutua
4th Petitioner
and
Kitui County Public Service Board
1st Respondent
County Government of Kitui
2nd Respondent
The Governor of the County Government of Kitui
3rd Respondent
and
The Kitui County Assembly
Interested Party
Ruling
1. On December 19, 2022 the court extended interim orders issued on December 13, 2022 except the Junior Chief Officers whose positions were preserved pending the hearing and disposal of the petition herein.
2. The above position has not been denied by the petitioners and has further been confirmed by the respondents. The court has perused the application for contempt and the supporting affidavit and documents but has not been able to come across any sufficient evidence to demonstrate that the respondents filled the four reserved positions.
3. Contempt is a very serious accusation and ought to be premised on clear and sufficient evidence. None has been provided in this particular case. The court will therefore not delve deeper in the matter and take cognisant of the fact that the petition herein was brought under certificate of urgency. It involves employment of the petitioners and whether they should continue in employment or with the respondent is also concerned that it should fill the positions, the four respondents are occupying if a decision be reached that the petitioners contracts expired and were not renewed.
4. There is therefore need to fastrack and conclude the position.
5. The court will therefore declare the application for contempt unmerited and proceed to dispose of the position.It is so ordered.
DATED, SIGNED AND DELIVERED VIRTUALLY AT NAIROBI ON THIS 9TH DAY OF JUNE, 2023ABUODHA J. N.JudgeIn the presence of:-………………………………………for the Claimant…………………………………………for the Respondent