Kenya County Government Workers Union v County Government of Machakos & another (Petition 23 of 2017) [2025] KEELRC 1693 (KLR)
The bottom line
#Machakos County officials must personally explain in court why a five-year-old judgment owed to 157 former workers remains unpaid.
What this practically means
#Executive summary
#Key legal issues
#Whether the Respondents were in contempt of the judgment of 19 June 2020
Yes - the Respondents were aware of the judgment, which set compliance timelines, and there was no material on record showing compliance, amounting to wilful disobedience.
The judgment of 19 June 2020 decreed payment within 60 days of one month's salary in lieu of notice and damages of Kshs 50,000 to each of 157 Grievants. The Respondents' advocate was present at delivery and secured a 30-day stay, showing knowledge. The Union engaged in negotiations and wrote several letters. With no material on record suggesting compliance, the court concluded there was wilful disobedience of the judgment.
Which officers should be summoned to show cause for contempt
Only the County Secretary and the Chair of the County Public Service Board, because the Union did not explain the role of each of the four cited officials.
The Union sought to cite the Governor, County Secretary, Board Chair and Head of the Board, but did not explain each official's role in settling the decree. Absent that explanation, the court limited the show-cause summons to the County Secretary and Board Chair, directing their personal appearance on a date to be set.
Whether a new advocate could come on record after judgment
Yes - leave granted since a party may choose its advocate and the prayer was unopposed.
The court reaffirmed the right to representation by an advocate of choice. The change from Brian Otieno & Co. Advocates to James Oketch & Co. Advocates was not opposed, so leave was granted as a matter of course.
Legal principles established
#- A party has the right to be represented by an advocate of choice, and unopposed leave for a new firm to come on record after judgment will be granted.
- Awareness of a judgment, non-compliance with its timelines, and absence of any material showing compliance establish wilful disobedience warranting show-cause summons.
- A party seeking to cite officials for contempt must explain the role of each official in the non-compliance.
Court orders
#- 1.Leave granted to the firm of James Oketch & Co. Advocates to come on record for the Union after judgment
- 2.Summons to issue to the County Secretary and Chairperson of the County Public Service Board to personally appear in Court on a date to be set hereinafter to show cause
- 3.Costs of the Motion in the cause
- Jurisdiction invoked
- Enforcement/contempt jurisdiction of the Employment and Labour Relations Court over non-compliance with its own judgment of 19 June 2020
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kenya County Government Workers Union v County Government of Machakos & another (Petition 23 of 2017) [2025] KEELRC 1693 (KLR)", Case Analysis (2025). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/1693/eng@2025-06-12
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.