Skip to content
AI-generated case briefs sourced from Kenya Law · Not legal advice
AI-generated case brief
Case Brief · caselaw.co.ke
ELRCOtherNot stated in judgment

Nyangongo v Mulati, the Principal Kisii National Polytechnic & 2 others (Miscellaneous Case E001 of 2025) [2025] KEELRC 1803 (KLR)

Employment and Labour Relations Court
19 June 2025
575 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~2 min to read original · ~4 min brief

The bottom line

#

A Kenyan court vacated arrest warrants in a contempt case because the applicants failed to properly serve documents, insisting no one can be punished without being heard.

What this practically means

#

Executive summary

#
This interlocutory ruling of the Employment and Labour Relations Court at Kisumu, delivered by Nzioki Wa Makau J on 19 June 2025, dealt with contempt proceedings arising from the court's judgment of 18 April 2024 in Evans Morara Nyangongo & another v Cabinet Secretary, Ministry of Education & 8 others (Petition 7 of 2022). Three alleged contemnors - Mr. Tom Mulati, Dr. Nancy Macharia and Dr. Esther Muoria - had been summoned, and warrants had issued. Mr. Mulati appeared, stating he had since been transferred from Kisii Polytechnic and asserting he could not disobey a court order as a civil servant. Counsel for the 2nd alleged contemnor sought vacation of the warrants on grounds of improper service and noted a disconnect between the miscellaneous application and the underlying petition. The Applicant's counsel maintained that the refusal to appear was itself contemptuous and that service was evidenced by affidavits. The Court found no evidence of service on the alleged contemnors: the screenshots of alleged service indicated a stamp that did not appear on the attached documents, and the affidavit of service was unpaid for. Emphasising that no one may be condemned unheard in grave contempt proceedings risking loss of liberty, the Court vacated the summons, directed the alleged contemnors to file affidavits within 14 days, required proper service on the Permanent Secretary, and listed the motion for contempt afresh for inter partes hearing on 10 July 2025 before Dr. Justice Gakeri. The Applicant was directed to clear all outstanding court fees within 24 hours.

Questions the Court framed

#

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

  1. 1.Whether service of the summons and preceding contempt process upon the alleged contemnors was proper
  2. 2.Whether warrants of arrest issued against the alleged contemnors should be vacated
  3. 3.Whether the alleged contemnors should file affidavits in response to the contempt allegations

Key legal issues

#
01

Adequacy of service of contempt process

Holding

Service was improper; the affidavit of service did not evidence service on the alleged contemnors, so the warrants were vacated.

Reasoning

The Court examined the affidavit of service and found no evidence of service on Mr. Mulati, Dr. Macharia and Dr. Muoria. The screenshots of alleged service showed a stamp purportedly obtained but no stamp appeared on the attached documents. The affidavit of service was also unpaid for. The Court therefore vacated the summons and directed proper service.

p. 2
02

Natural justice in contempt proceedings

Holding

The alleged contemnors must be heard before any condemnation; they are to file affidavits in response within 14 days.

Reasoning

The Court acknowledged the gravity of contempt and potential loss of liberty, but held that the balance of justice requires that no one be condemned unheard. It accordingly directed all alleged contemnors, including Mr. Mulati who had been transferred from Kisii Polytechnic, to file affidavits responding to the accusations of disobedience of the orders of Baari J.

p. 2

Legal principles established

#
  • No person may be condemned unheard in contempt proceedings; proper service is a precondition to contempt findings.

Court orders

#
  1. 1.The alleged contemnors to file affidavits within 14 days
  2. 2.The Applicant to serve the Permanent Secretary properly, the previous service having been improper
  3. 3.Mr. Mulati, though no longer at Kisii Polytechnic, to place an affidavit on record responding to the accusations
  4. 4.The summons issued are vacated
  5. 5.Matter placed for inter partes hearing of the motion for contempt afresh on 10th July 2025 before Hon. Dr. Justice Gakeri
  6. 6.The Applicant to clear all outstanding court fees within the next 24 hours

The bench

#

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

majority

Wrote the judgment

Jurisdiction invoked
Inherent contempt jurisdiction of the Employment and Labour Relations Court arising from Petition E007 of 2022

Quotable passages

#

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

The Court therefore vacates the summons issued and places the matter for inter partes hearing of the motion for contempt afresh on 10th July 2025 before Hon. Dr. Justice Gakeri.
p. 2Disposition - vacating summons and directions
However, in articulating the need for action against an alleged contemnor, the balance of justice is that no one can be condemned unheard.
p. 2Natural justice in contempt proceedings
The matter of contempt of court is very grave and can lead to the loss of liberty for subjects.
p. 2Gravity of contempt
The Applicant is also directed to clear all outstanding court fees within the next 24 hours. Orders accordingly.
p. 2Final orders - payment of court fees

Issues in the judgment

#
minor

The judgment refers to the underlying matter both as 'Petition No. E007 of 2022 at Kisumu' and as 'Petition 7 of 2022' decided in April 2024, without clarifying the court station of the original petition.

Key timeline

#

Practical implications

#

Frequently asked questions

#

Cite this brief

#

Cite this brief

Caselaw, "Nyangongo v Mulati, the Principal Kisii National Polytechnic & 2 others (Miscellaneous Case E001 of 2025) [2025] KEELRC 1803 (KLR)", Case Analysis (2025). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/1803/eng@2025-06-19

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