Nyangongo v Mulati, the Principal Kisii National Polytechnic & 2 others (Miscellaneous Case E001 of 2025) [2025] KEELRC 1803 (KLR)
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
#Questions the Court framed
#The issues the Court set itself to decide, in its own words.
- 1.Whether service of the summons and preceding contempt process upon the alleged contemnors was proper
- 2.Whether warrants of arrest issued against the alleged contemnors should be vacated
- 3.Whether the alleged contemnors should file affidavits in response to the contempt allegations
Key legal issues
#Adequacy of service of contempt process
Service was improper; the affidavit of service did not evidence service on the alleged contemnors, so the warrants were vacated.
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.
Natural justice in contempt proceedings
The alleged contemnors must be heard before any condemnation; they are to file affidavits in response within 14 days.
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.
Legal principles established
#- No person may be condemned unheard in contempt proceedings; proper service is a precondition to contempt findings.
Court orders
#- 1.The alleged contemnors to file affidavits within 14 days
- 2.The Applicant to serve the Permanent Secretary properly, the previous service having been improper
- 3.Mr. Mulati, though no longer at Kisii Polytechnic, to place an affidavit on record responding to the accusations
- 4.The summons issued are vacated
- 5.Matter placed for inter partes hearing of the motion for contempt afresh on 10th July 2025 before Hon. Dr. Justice Gakeri
- 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.
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.
However, in articulating the need for action against an alleged contemnor, the balance of justice is that no one can be condemned unheard.
The matter of contempt of court is very grave and can lead to the loss of liberty for subjects.
The Applicant is also directed to clear all outstanding court fees within the next 24 hours. Orders accordingly.
Issues in the judgment
#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.