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ELRCDismissedNotice of Motion dated 14th November 2024 (Nyeri ELRC, related to Nyeri ELRC JR E001 of 2022)

Kenya National Union of Nurses v Kirinyaga County Public Service Board; Public Service Commission (Interested Party) (Miscellaneous Application 1 of 2021) [2025] KEELRC 1558 (KLR)

Employment and Labour Relations Court
22 May 2025
OMOnesmus N Makau
2,272 words in judgment
View original judgmentRead on Kenya Law Watch case
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·~9 min to read original · ~4 min brief

The bottom line

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Kenya's Employment Court in Nyeri threw out a nurses' union contempt case because it skipped mandatory steps for enforcing orders against government.

What this practically means

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Executive summary

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The Applicant, Kenya National Union of Nurses, moved the court by Notice of Motion dated 14th November 2024 seeking, among other things, that six named officials of the Respondent county public service board be summoned to explain disobedience of a court order of 30th July 2024 (adopting an interested party's decision to reinstate 188 nurses), that the 188 members be reinstated, that the officials be committed to civil jail for six months, and that they be declared unfit to hold public office. The Respondent opposed, contending that the proceedings were premature and fatally defective for non-compliance with section 21 of the Government Proceedings Act, that the order merely adopted a decision requiring no action from it, and that enforcement was impossible because the 188 positions had been filled. The court framed two issues: whether the application was premature and fatally defective, and whether the orders sought should be granted. Guided by authority including Republic v County Government of Bomet ex parte DKN, Nassir Mwandihi and Kisya Investments, the court held that before contempt proceedings lie against a government officer, the applicant must obtain and serve a decree and certificate of order against the government and secure a disobeyed order of mandamus. The Applicant had only the court order and correspondence; no certificate or mandamus was proved. The application was therefore dismissed with each party bearing its own costs. The ruling was delivered virtually at Nyeri on 22nd May 2025 by Onesmus N Makau, Judge.

Questions the Court framed

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The issues the Court set itself to decide, in its own words.

  1. 1.Whether the application is premature and fatally defective.
  2. 2.Whether the orders sought should be granted.

Key legal issues

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01

Whether contempt proceedings against officers of a county government are premature absent compliance with section 21 of the Government Proceedings Act

Holding

Yes; execution against government requires the section 21 procedure including certificate of order against the government, and contempt against a public officer requires an unimplemented mandamus

Reasoning

Relying on Republic v County Government of Bomet ex parte DKN, Nassir Mwandihi and Kisya Investments, the court held that normal execution rules do not apply to government. An applicant seeking to compel government must first obtain and serve a decree and certificate of order against the government, and contempt proceedings against an individual officer must rest on a disobeyed mandamus. The applicant had only the court order of 30th July 2024 and correspondence; no certificate or mandamus was proved.

p. 5
02

Whether the orders sought (commitment to civil jail, reinstatement, removal from office) should issue

Holding

No; the application was dismissed

Reasoning

Having failed to follow the statutory procedure, the application could not succeed. The court did not reach the merits of the alleged contempt, the claimed reinstatement of the 188 nurses, or the requested declarations of unfitness for office under the leadership and integrity provisions.

p. 5

Legal principles established

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  • Before instituting contempt proceedings against an individual government officer, the applicant must have obtained and served a decree and certificate of order against the government, and an order of mandamus must have been issued and disobeyed.

Court orders

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  1. 1.The Notice of Motion dated 14th November 2024 is dismissed
  2. 2.Each party to bear its own costs

The bench

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One judgment of the whole court — no separate or dissenting opinions.

OM
majority

Wrote the judgment

Jurisdiction invoked
Contempt/enforcement jurisdiction of the ELRC under its rules; proceedings arise from orders issued in Nyeri ELRC by Hon. Justice Onesmus N. Makau

Relief refused

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Summons to cited officers to appear and explain disobedience of the 30th July 2024 order

Contempt proceedings premature without compliance with section 21 GPA

p. 5

Reinstatement of the 188 members and commitment of the cited officers to civil jail for 6 months, declaration of unfitness for public office and removal from office

Application dismissed for failure to obtain a certificate of order against the government or an order of mandamus

p. 5

Costs

Each party to bear its own costs.

Quotable passages

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Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.

Without meeting such requirements, contempt proceedings against the oficer is premature and fatally incompetent since there is no order against him or her.
p. 5Preconditions for contempt proceedings against government officers
Since it failed to do so, the application must fail and it is dismissed. Each party to bear its own costs.
p. 5Disposition and costs

Issues in the judgment

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minor

Judgment inconsistently cites the substantive order as 'of the Court dated 30th July 2024 and issued on 26th July 2024'

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Kenya National Union of Nurses v Kirinyaga County Public Service Board; Public Service Commission (Interested Party) (Miscellaneous Application 1 of 2021) [2025] KEELRC 1558 (KLR)", Case Analysis (2025). Notice of Motion dated 14th November 2024 (Nyeri ELRC, related to Nyeri ELRC JR E001 of 2022). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/1558/eng@2025-05-22

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.